History
  • No items yet
midpage
United States v. Rafael Moreno-Ornellas
669 F. App'x 758
| 5th Cir. | 2016
|
Check Treatment
|
Docket

*1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: [*]

Appealing the judgment in a criminal case, Rafael Moreno-Ornellas raises arguments that are 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 *2 Case: 16-40249 Document: 00513722248 Page: 2 Date Filed: 10/18/2016

No. 16-40249

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. Finally, he raises an argument that is foreclosed by United States v. Teran-Salas , 767 F.3d 453, 458-62 (5th Cir. 2014), in which we determined that the appellant was not entitled to relief based merely on the existence of a theoretical possibility that a defendant could be convicted under Texas Health & Safety Code § 481.112(a) for conduct that would not qualify as a federal drug trafficking offense. Accordingly, the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.

Case Details

Case Name: United States v. Rafael Moreno-Ornellas
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Oct 18, 2016
Citation: 669 F. App'x 758
Docket Number: 16-40249 Conference Calendar
Court Abbreviation: 5th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.