U.S. Court of Appeals for the Fifth Circuit, 2016

United States v. Cesar Mireles-Vargas

United States v. Cesar Mireles-Vargas
U.S. Court of Appeals for the Fifth Circuit · Decided February 18, 2016 · Davis, Smith, Prado
637 F. App'x 138

United States v. Cesar Mireles-Vargas

Opinion

*139 PER CURIAM: *

Appealing the judgment in a criminal case, Cesar Leonel Mireles-Vargas raises an argument that 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 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 Texas law 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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