United States v. Jesus Islas-Saucedo ( 2014 )

Case: 13-41324 Document: 00512825299 Page: 1 Date Filed: 11/04/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-41324
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
November 4, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JESUS ISLAS-SAUCEDO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 6:13-CR-71-1
Before JOLLY, HIGGINBOTHAM, and OWEN, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jesus Islas-Saucedo 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). In Morales-
Mota, 704 F.3d at 412, this court 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)
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-41324 Document: 00512825299 Page: 2 Date Filed: 11/04/2014
No. 13-41324
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.
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