U.S. Court of Appeals for the Fifth Circuit, 2015

United States v. Rodrigo Jimenez-Binagra

United States v. Rodrigo Jimenez-Binagra
U.S. Court of Appeals for the Fifth Circuit · Decided August 18, 2015 · Jolly, Graves, Costa
613 F. App'x 394

United States v. Rodrigo Jimenez-Binagra

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Rodrigo Jimenez-Binagra 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 *395 the asserted 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), ce rt. denied, — U.S. -, 135 S.Ct. 1011, 190 L.Ed.2d 881 (2015), which held that the Texas offense of indecency with a child by contact satisfied the generic definition of “sexual abuse of a minor” and which rejected the argument that the offense was not an aggravated felony. The motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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-law data current through December 31, 2025. Source: CourtListener bulk data.