*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 *2 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.
2
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.