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UNITED STATES of America, Plaintiff-Appellee v. Melvin Demetrio CANO-ROMERO, also known as Julio Alexander Meza-Meza, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2017-03-27No. No. 16-41217 Summary Calendar
683 F. App'x 279

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Opinion

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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)(l)(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 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 bane), 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.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47,5.4.