Opinion
No. 16-40176
10-18-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARIANO LOPEZ-LOPEZ, Defendant-Appellant
Conference Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 1:15-CR-820-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Mariano Lopez-Lopez 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.