U.S. Court of Appeals for the Fifth Circuit, 2015

United States v. Oliverio Valencia-Garcia

United States v. Oliverio Valencia-Garcia
U.S. Court of Appeals for the Fifth Circuit · Decided June 16, 2015 · Davis, Jones, Higginson
607 F. App'x 402

United States v. Oliverio Valencia-Garcia

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Oliverio Valencia-Garda raises an argument that he concedes is foreclosed by *403 United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir. 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. § 2L 1.2(b)(1)(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 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Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *403 the limited circumstances set forth in 5th Cir. R. 47.5.4.

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