United States v. Ceasar Gonzales

Case: 12-40712 Document: 00512196700 Page: 1 Date Filed: 04/03/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 3, 2013
No. 12-40712
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CEASAR GONZALES, also known as Rene Castro, also known as Ceasar Elliot
Gonzales,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:12-CR-120-1
Before KING, CLEMENT, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Ceasar Gonzales appeals his 44-month sentence for unlawful presence in
the United States under 8 U.S.C. § 1326(b). He contends that the district court
plainly erred by imposing the 16-level crime of violence enhancement in U.S.S.G.
§ 2L1.2 based upon his prior conviction for burglary of a habitation under Texas
Penal Code § 30.02(a)(1). According to Gonzales, the Texas offense does not
qualify as the enumerated offense of burglary of a dwelling in the commentary
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40712 Document: 00512196700 Page: 2 Date Filed: 04/03/2013
No. 12-40712
to § 2L1.2 because Texas defines “owner” to include “a person who[] has . . . a
greater right to possession of the property than the actor.”
Because Gonzales did not object to the enhancement in the district court,
we review for plain error. See United States v. Morales-Mota, 704 F.3d 410, 411
(5th Cir. 2013). We rejected a materially indistinguishable argument in
Morales-Mota, 704 F.3d at 412-13. In light of Morales-Mota, we find no error
here, plain or otherwise. See id.
AFFIRMED.
2