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United States v. Hernandez-Flores

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Apr 16, 2014
563 F. App'x 290 (5th Cir. 2014)

Opinion

No. 13-40864

04-16-2014

UNITED STATES OF AMERICA, Plaintiff-Appellee v. SEIDER ISMAEL HERNANDEZ-FLORES, Defendant-Appellant


Conference Calendar


Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:13-CR-439-1

Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM:

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Appealing the judgment in a criminal case, Seider Ismael Hernandez-Flores raises an argument that he concedes is foreclosed by United States v. Izaguirre-Flores, 405 F.3d 270, 277 (5th Cir. 2005), which held that the North Carolina offense of taking indecent liberties with a child constituted "sexual abuse of a minor" and thus is a crime of violence for purposes of the 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). Accordingly, Hernandez- Flores's unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.


Summaries of

United States v. Hernandez-Flores

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Apr 16, 2014
563 F. App'x 290 (5th Cir. 2014)
Case details for

United States v. Hernandez-Flores

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee v. SEIDER ISMAEL…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: Apr 16, 2014

Citations

563 F. App'x 290 (5th Cir. 2014)