United States v. German Espinoza , 581 F. App'x 351 ( 2014 )

Case: 13-41328 Document: 00512750942 Page: 1 Date Filed: 08/29/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-41328
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
August 29, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
GERMAN EFRAIN ESPINOZA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-1255-1
Before CLEMENT, PRADO, and ELROD, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, German Efrain Espinoza
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” of a
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-41328 Document: 00512750942 Page: 2 Date Filed: 08/29/2014
No. 13-41328
habitation as a person with a “greater right to possession of the property than
the actor.” Espinoza’s motion for summary disposition is GRANTED, and the
judgment of the district court is AFFIRMED.
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