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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
United States v. Mariano Lopez-Lopez
Combined Opinion