USA v. Manuel Rios-Ojeda


UNPUBLISHED OPINION FILED. [16-40944 Affirmed ] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Manuel Rios-Ojeda; granting motion for summary affirmance filed by Appellant Mr. Manuel Rios-Ojeda [8323196-2] [16-40944]

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Case: 16-40944 Document: 00513882987 Page: 1 Date Filed: 02/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40944 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. MANUEL RIOS-OJEDA, also known as Jose Ortiz-Villarreal, also known as Victor Flores-Huerta, also known as Ulises Garrido-Zambudio, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:16-CR-74-1 Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Manuel Rios-Ojeda 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40944 Document: 00513882987 Page: 2 Date Filed: 02/21/2017 No. 16-40944 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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