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U.S. v. RODRIGUEZ-SALAZAR

No. 13-40939.

768 F.3d 437 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Eduardo RODRIGUEZ-SALAZAR, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 30, 2014.

Attorney(s) appearing for the Case

James Lee Turner , Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Laura Fletcher Leavitt , Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before REAVLEY, SMITH, and SOUTHWICK, Circuit Judges.

REAVLEY, Circuit Judge:

The sentence of Appellant Rodriguez-Salazar was enhanced because of his prior conviction for the Texas crime of theft, determined by the district judge to be an aggravated felony. Appellant appeals only that sentence enhancement. We hold that the Texas law for theft without effective consent is in the same category as theft without consent, and affirm.

Background

Appellant Rodriguez pleaded guilty of being an alien...

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