U.S. Court of Appeals for the Fifth Circuit, 2014

United States v. German Espinoza

United States v. German Espinoza
U.S. Court of Appeals for the Fifth Circuit · Decided August 29, 2014 · Clement, Prado, Elrod
581 F. App'x 351

United States v. German Espinoza

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, German Efrain Espinoza raises an argument that he concedes is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.), cert. denied, — U.S. -, 133 S.Ct. 2374, 185 L.Ed.2d 1091 (2013), which rejected the argument that the Texas offense of “burglary of a habitation” is broader than the generic, contemporary definition of “burglary of a dwelling” under U.S.S.G. § 2L1.2(b)(l)(A)(ii) because it defines the “owner” of a habitation as a person with a “greater right to possession of the property than the actor.” Espinoza’s 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.