Opinion
No. 16-40944
02-21-2017
UNITED STATES OF AMERICA, Plaintiff-Appellee v. MANUEL RIOS-OJEDA, also known as Jose Ortiz-Villarreal, also known as Victor Flores-Huerta, also known as Ulises Garrido-Zambudio, Defendant-Appellant
Conference Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 1:16-CR-74-1 Before JOLLY, PRADO, and SOUTHWICK, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, 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.