United States v. Mariano Lopez-Lopez

Opinion

Case: 16-40176 Document: 00513722178 Page: 1 Date Filed: 10/18/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16-40176 Conference Calendar

United States Court of Appeals Fifth Circuit

FILED

October 18, 2016

UNITED STATES OF AMERICA, Lyle W. Cayce

Clerk

Plaintiff-Appellee

v.

MARIANO LOPEZ-LOPEZ,

Defendant-Appellant

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: * 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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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