
    UNITED STATES of America, Plaintiff-Appellee 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
    No. 16-41155 Conference Calendar
    United States Court of Appeals, Fifth Circuit.
    Filed February 21, 2017
    Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee
    Marjorie A. Meyers, Federal Public Defender, Michael Lance Herman, Assistant Federal Public Defender, H. Michael Soko-low, Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant
    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. Rodriguez-Salazar, 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 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. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     