Case: 16-41155 Document: 00513883125 Page: 1 Date Filed: 02/21/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-41155
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 21, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JAVIER GARCIA-MARTINEZ, also known as Luis Javier Martinez, also
known as Luis Martinez-Perez, also known as Luis Javier-Garcia Martinez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:16-CR-273-1
Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Javier Garcia-Martinez appeals from a judgment of conviction. He
concedes that his only argument is foreclosed by United States v. Rodriguez-
Salazar, 768 F.3d 437 (5th Cir. 2014). In that opinion, this court rejected the
argument that the Texas offense of theft is broader than the generic,
contemporary definition of theft because the Texas offense, which includes
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41155 Document: 00513883125 Page: 2 Date Filed: 02/21/2017
No. 16-41155
theft by deception, may be committed by taking property with the owner’s
consent. Id. at 437-38. Garcia-Martinez was convicted of theft under a
Tennessee statute that includes a similar theft by deception provision. We
agree with Garcia-Martinez that his argument that the Tennessee statute falls
outside the generic definition of theft is foreclosed by Rodriguez-Salazar.
Accordingly, the motion for summary disposition is GRANTED, and the
judgment of the district court is AFFIRMED.
2