United States v. Raul Martinez-Becerra

Case: 13-40582 Document: 00512473340 Page: 1 Date Filed: 12/17/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 17, 2013
No. 13-40582
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAUL MARTINEZ-BECERRA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-20-1
Before DAVIS, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Raul Martinez-Becerra raises
an argument that he concedes is foreclosed by United States v. Morales-Mota,
704 F.3d 410, 412 (5th Cir.), cert. denied, 133 S. Ct. 2374 (2013). In Morales-
Mota, 704 F.3d at 412, this court, relying upon its holding in United States v.
Joslin, 487 F. App’x 139, 141-43 (5th Cir. 2012), cert. denied, 133 S. Ct. 1847(2013), rejected the argument that the Texas offense of ?burglary of a habitation”
is outside the generic, contemporary definition of ?burglary of a dwelling” under
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40582 Document: 00512473340 Page: 2 Date Filed: 12/17/2013
No. 13-40582
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 to possession.” Accordingly, the appellant’s motion
for summary disposition is GRANTED, and the judgment of the district court is
AFFIRMED.
2