United States v. Napoleon Velasquez-Lopez ( 2015 )

Case: 14-41033 Document: 00513079508 Page: 1 Date Filed: 06/16/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-41033
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 16, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
NAPOLEON DE JESUS VELASQUEZ-LOPEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-812-1
Before DAVIS, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Napoleon De Jesus
Velasquez-Lopez raises an argument that he concedes is foreclosed by 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.
§ 2L1.2(b)(1)(A)(ii) because it 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41033 Document: 00513079508 Page: 2 Date Filed: 06/16/2015
No. 14-41033
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.
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