United States v. Rodriguez-Salazar, No. 13-40939 (5th Cir. 2014)Annotate this Case
Defendant pleaded guilty of being an alien present in the United States after deportation and conceded that he had been previously convicted of felony theft under Texas Penal Code 31.03(a). On appeal, defendant challenged his sentence enhancement based on the prior conviction. The court concluded that the Texas crime of theft was an aggravated felony where it is in the same category as theft without consent. In either case, the owner denies consent to the wrongdoer who takes or exercises control of property. Accordingly, the court affirmed the sentence.