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UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSCAR MATA-ALVAREZ, Defendant-Appellant
Appealing the judgment in a criminal case, Oscar Mata-Alvarez 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 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 disposition is GRANTED, and the judgment of the district court is AFFIRMED.
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Docket No: No. 15-41504
Decided: June 21, 2016
Court: United States Court of Appeals, Fifth Circuit.
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