United States v. Melvin Cano-Romero

Case: 16-41217 Document: 00513927554 Page: 1 Date Filed: 03/27/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-41217 FILED
Summary Calendar March 27, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MELVIN DEMETRIO CANO-ROMERO, also known as Julio Alexander Meza-
Meza,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:16-CR-602-1

Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Melvin Demetrio Cano-Romero pleaded guilty to illegal reentry and was
sentenced to a 60-month term of imprisonment. On appeal, Cano-Romero
challenges the 16-level enhancement he received under U.S.S.G.
§ 2L1.2(b)(1)(A)(ii). Specifically, he asserts for the first time on appeal that his
2009 Minnesota conviction for criminal sexual assault in the third degree does

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41217 Document: 00513927554 Page: 2 Date Filed: 03/27/2017

No. 16-41217

not qualify as a crime of violence because the statute of conviction does not
require an age differential of at least four years between the defendant and the
victim.
As Cano-Romero concedes, his argument is foreclosed by our opinion in
United States v. Cabecera Rodriguez, 711 F.3d 541, 562 n.28 (5th Cir. 2013) (en
banc), in which we explicitly held that the generic, contemporary definition of
“sexual abuse of a minor” does not include such an age-differential
requirement. Accordingly, Cano-Romero’s motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.

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