United States v. Juan Garcia-Zelaya

U.S. Court of Appeals for the Fifth Circuit
United States v. Juan Garcia-Zelaya, 600 F. App'x 268 (5th Cir. 2015)
Graves, Per Curiam, Reavley, Smith

United States v. Juan Garcia-Zelaya

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Juan Bautista Garcia-Zelaya raises an argument that he concedes is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir. 2013). In Morales-Mota, 704 F.3d at 412, we rejected the *269 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.” Accordingly, the unopposed 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Juan Bautista GARCIA-ZELAYA, Also Known as Jose Garcia, Also Known as Juan B. Garcia, Also Known as Juan Bautista Garcia Zelaya, Defendant-Appellant
Status
Unpublished