USA v. Luis Ramirez Castillo


UNPUBLISHED OPINION FILED. [16-20737 Affirmed] Judge: WED, Judge: LHS, Judge: SAH. Mandate pull date is 05/26/2017 for Appellant Luis Roberto Ramirez Castillo; granting motion for summary affirmance filed by Appellant Mr. Luis Roberto Ramirez Castillo [8418977-2] [16-20737]

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Case: 16-20737 Document: 00513981399 Page: 1 Date Filed: 05/05/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-20737 Summary Calendar United States Court of Appeals Fifth Circuit FILED May 5, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. LUIS ROBERTO RAMIREZ CASTILLO, also known as Luis Roberto Ramirez, also known as Luis Roberto Ramirez-Castillo, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:16-CR-177-1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Luis Roberto Ramirez Castillo raises an argument that is foreclosed by United States v. RodriguezSalazar, 768 F.3d 437, 437-38 (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, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-20737 Document: 00513981399 Page: 2 Date Filed: 05/05/2017 No. 16-20737 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. 2

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