United States v. Jose Pena-Rojas

Case: 12-40917 Document: 00512217989 Page: 1 Date Filed: 04/23/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 23, 2013
No. 12-40917
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE LUIS PENA-ROJAS,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:12-CR-256-1
Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Jose Luis Pena-Rojas appeals his sentence for illegally reentering the
United States after deportation. He contends that his guidelines offense level
was wrongly increased by 16 levels for a Texas burglary conviction, which he
argues is not a crime of violence. In United States v. Morales-Mota, 704 F.3d 410(5th Cir. 2012), we rejected the same contention made by Pena-Rojas, namely
that the Texas burglary crime is broader than the listed generic offense of
burglary of a dwelling because Texas defines the “owner” of a dwelling as one
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40917 Document: 00512217989 Page: 2 Date Filed: 04/23/2013
No. 12-40917
having a greater right to possession than the criminal actor. See Morales-Mota,
704 F.3d at 411-12. As Pena-Rojas concedes in his reply brief, his claim is
foreclosed by Morales-Mota. The judgment of the district court is AFFIRMED.
2