United States v. Jose Pruneda-Garza

Case: 13-20300 Document: 00512597400 Page: 1 Date Filed: 04/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-20300
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 16, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JOSE EUGENIO PRUNEDA-GARZA, also known as Jose Eugenio Pruneda,
also known as Jose Eugenio Pruneda Garza, also known as Joe Pruneda, also
known as Jose G. Pruneda,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:13-CR-70-1
Before PRADO, ELROD, and HAYNES, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jose Eugenio Pruneda-Garza
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States v. Joslin, 487 F. App’x 139, 141-43 (5th Cir. 2012) (unpublished), cert.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-20300 Document: 00512597400 Page: 2 Date Filed: 04/16/2014
No. 13-20300
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 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, Pruneda-Garza’s unopposed motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.
2