United States v. Alfonso Rueda-Flores ( 2013 )

Case: 12-40203 Document: 00512204059 Page: 1 Date Filed: 04/10/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 10, 2013
No. 12-40203
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ALFONSO RUEDA-FLORES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:10-CR-1687-1
Before JOLLY, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Alfonso Rueda-Flores (Rueda) pleaded guilty to being an alien unlawfully
found in the U.S. after having been previously deported, in violation of 8 U.S.C.
§ 1326. His offense level was increased for a Texas conviction for burglary of a
habitation that was deemed a “crime of violence” under U.S.S.G.
§ 2L1.2(b)(1)(A)(ii). He was sentenced to 70 months of imprisonment.
Rueda contends that his prior Texas burglary was not a crime of violence
because Texas law too broadly defines the “owner” of a habitation as a person
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40203 Document: 00512204059 Page: 2 Date Filed: 04/10/2013
No. 12-40203
with merely “greater right to possession” than the criminal actor. We review
only for plain error because the issue is raised for the first time on appeal. See
United States v. Ramirez, 557 F.3d 200, 205 (5th Cir. 2009).
In United States v. Morales-Mota, we rejected the same contention made
by Rueda, holding that the “greater right to possession” definition does not make
Texas burglary broader than generic burglary. 704 F.3d 410, 411-12 (5th Cir.
2013) (applying plain-error review). Rueda’s argument is thus foreclosed, and
the judgment of the district court is AFFIRMED.
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