USA v. Leonel Garcia-Garcia, Jr., No. 14-20234 (5th Cir. 2015)

 Annotate this Case
Download PDF
Case: 14-20234 Document: 00512946027 Page: 1 Date Filed: 02/24/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-20234 Conference Calendar FILED February 24, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. LEONEL GARCIA-GARCIA, JR., also known as Leonel Garcia, also known as Jose Garza, also known as Hilderberto Zaldivar, also known as Leonel Garcia Garcia, also known as Leonel J. Garcia, also known as J. Garcia Leonel-Garcia, also known as Leonel G. Garcia, Jr., Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13-CR-638-1 Before DAVIS, ELROD, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Leonel Garcia-Garcia, Jr., raises arguments that are foreclosed by United States v. Rodriguez-Salazar, 768 F.3d 437, 437-38 (5th Cir. 2014). In Rodriguez-Salazar, we rejected the argument that the Texas offense of theft is broader than the generic, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-20234 Document: 00512946027 Page: 2 Date Filed: 02/24/2015 No. 14-20234 contemporary definition of theft for purposes of U.S.S.G. § 2L1.2(b)(1)(C) and 8 U.S.C. § 1101(a)(43)(G) because the Texas offense, which includes theft by deception, can be committed by taking property with the owner’s consent. Id. Accordingly, the unopposed motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.