Case: 13-41211 Document: 00512750772 Page: 1 Date Filed: 08/29/2014

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13-41211 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 29, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. DANIEL MORENO-PRETEL, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:13-CR-327-1

Before CLEMENT, PRADO, and ELROD, Circuit Judges.

PER CURIAM: * Appealing the judgment in a criminal case, Daniel Moreno-Pretel (Moreno) raises an argument that he concedes is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.), cert. denied, 133 S. Ct. 2374 (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)(1)(A)(ii) because it defines the “owner”

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-41211 Document: 00512750772 Page: 2 Date Filed: 08/29/2014

No. 13-41211 of a habitation as a person with a “greater right to possession of the property than the actor.” Moreno’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.