U.S. Court of Appeals for the Fifth Circuit, 2017

United States v. Rios-Ojeda

United States v. Rios-Ojeda
U.S. Court of Appeals for the Fifth Circuit · Decided February 21, 2017 · Jolly, Prado, Southwick
677 F. App'x 168

United States v. Rios-Ojeda

Opinion of the Court

PER CURIAM: *

Appealing the judgment in a criminal case, Manuel Rios-Ojeda raises an argument that is foreclosed by United States v. Rodriguez-Salazar, 768 F.3d 437 (5th Cir. 2014). In Rodriguez-Salazar, 768 F.3d at 437-38, we rejected the argument that the Texas offense of theft is broader than the generic, contemporary definition of theft because the Texas offense, which includes theft by deception, may be committed by taking property with the owner’s consent. Accordingly, 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir, R. 47.5.4.

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