Document Info

DocketNumber: 14-41044

Citation Numbers: 613 F. App'x 369

Judges: Jolly, Graves, Costa

Filed Date: 8/18/2015

Status: Non-Precedential

Modified Date: 11/6/2024

  •      Case: 14-41044      Document: 00513158053         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. 14-41044                          August 18, 2015
    Conference Calendar
    Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    DAVID JOSE ARGUETA-BONILLA,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 7:14-CR-276-1
    Before JOLLY, GRAVES, and COSTA, Circuit Judges.
    PER CURIAM: *
    Appealing the judgment in a criminal case, David Jose Argueta-Bonilla
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41044   Document: 00513158053    Page: 2   Date Filed: 08/18/2015
    No. 14-41044
    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