U.S. Court of Appeals for the Fifth Circuit, 2013

United States v. Cornelio Morones-Vargas

United States v. Cornelio Morones-Vargas
U.S. Court of Appeals for the Fifth Circuit · Decided April 18, 2013 · Higginbotham, Owen, Per Curiam, Southwick
519 F. App'x 244

United States v. Cornelio Morones-Vargas

Opinion

PER CURIAM: *

Cornelio Morones-Vargas appeals the 70-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation. He asserts that the district court erred in imposing a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii) based on its determination that his prior Texas burglary-of-a-habitation conviction was a crime of violence. Specifically, he argues that his conviction was not for generic burglary because the Texas Penal Code uniquely includes burglary convictions under a “greater right to possession” theory.

Because he objected to the enhancement in the district court on this ground, we review the issue de novo. See United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir. 2008). We agree with the panel that recently rejected this contention, finding persuasive its reasoning that “[mjerely maintaining an inferior possesso-ry interest in a habitation does not extinguish the potential violence that may result when a person enters a habitation with the intent to commit theft.” United States v. Joslin, 487 Fed.Appx. 139, 141-43 (5th Cir. 2012). See also United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir. 2013) (affirming on plain-error review a 16-level sentencing enhancement under Section 2L 1.2(b)(1)(A)(ii) based on a Texas conviction for burglary of a habitation under Texas Penal Code Section 30.02(a)(1)). Accordingly, 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *246 the limited circumstances set forth in 5th Cir. R. 47.5.4.

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