Case: 14-40358 Document: 00512854415 Page: 1 Date Filed: 12/02/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40358
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 2, 2014
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
ISSY AVILA-BAULE,
Defendant−Appellant.
Appeal from the United States District Court
for the Southern District of Texas
No. 1:13-CR-790-1
Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM: *
Issy Avila-Baule appeals her 36-month within-guidelines sentence for
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 14-40358 Document: 00512854415 Page: 2 Date Filed: 12/02/2014
No. 14-40358
illegal reentry after deportation. She claims that the district court plainly
erred in applying the eight-level enhancement under U.S.S.G. § 2L1.2(b)(1)(C)
based on a finding that her Texas conviction of felony theft was an aggravated
felony. She contends that Texas’s theft statute encompasses conduct broader
than the generic, contemporary definition of theft because the Texas statute
includes the appropriation of property when it is with consent that has been
induced through deception or coercion. In United States v. Rodriguez-Salazar,
768 F.3d 437, 438 (5th Cir. 2014), we rejected that theory and held that the
Texas theft statute, as set forth in Texas Penal Code § 31.03, “does not deviate
from the generic crime of theft.”
AFFIRMED.
2