The Eleventh Circuit has determined that Georgia's "theft by taking" statute is not categorically a theft offense.  The statute includes obtaining property through fraudulent means, and thus, with the owner's consent.  This conduct falls outside the generic definition of a theft offense.

The full text of Vassell v. Attorney General can be found here: 

http://media.ca11.uscourts.gov/opinions/pub/files/201511156.pdf

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