United States v. Jose Snowball-Padron

Case: 15-40034 Document: 00513159168 Page: 1 Date Filed: 08/18/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 15-40034 August 18, 2015
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE ALFREDO SNOWBALL-PADRON,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:14-CR-656-1
Before JOLLY, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jose Alfredo Snowball-
Padron raises an argument that 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 with a “greater right
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40034 Document: 00513159168 Page: 2 Date Filed: 08/18/2015
No. 15-40034
to possession of the property than the actor.” The motion for summary
disposition is GRANTED, and the judgment of the district court is AFFIRMED.
2