USA v. Javier Garcia-Martinez, No. 16-41155 (5th Cir. 2017)

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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, Plaintiff-Appellee Lyle W. Cayce Clerk 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. RodriguezSalazar, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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