Case: 15-20613 Document: 00513638999 Page: 1 Date Filed: 08/16/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-20613 FILED
Conference Calendar August 16, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
TIMOTEO JUAN FLORES, also known as Timoteo Juan-Flores,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CR-251-1
Before REAVLEY, ELROD, and GRAVES, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Timoteo Juan Flores raises
an argument that is foreclosed by United States v. Rodriguez, 711 F.3d 541,
562-63 & n.28 (5th Cir. 2013) (en banc), in which we held that the generic,
contemporary definition of sexual abuse of a minor does not require the age of
consent to be below 17 years old and does not include an age-differential
requirement. He also raises an argument that is foreclosed by United States
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-20613 Document: 00513638999 Page: 2 Date Filed: 08/16/2016
No. 15-20613
v. Elizondo-Hernandez, 755 F.3d 779, 781-82 (5th Cir. 2014), which held that
the Texas offense of indecency with a child by contact satisfied the generic
definition of sexual abuse of a minor. Accordingly, the motion for summary
affirmance is GRANTED, the alternative motion for an extension of time to file
a brief is DENIED, and the judgment of the district court is AFFIRMED.
2
United States v. Timoteo Flores
Combined Opinion