USA v. Jorge Olguin-Lozano, No. 13-40069 (5th Cir. 2013)

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Case: 13-40069 Document: 00512347248 Page: 1 Date Filed: 08/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-40069 Conference Calendar August 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JORGE ALBERTO OLGUIN-LOZANO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-165-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Jorge Alberto Olguin-Lozano raises arguments that he concedes are foreclosed by United States v. Newson, 515 F.3d 374, 378-79 (5th Cir. 2008), and United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.), cert. denied, 133 S. Ct. 2374 (2013). Newson held that the Government may decline to move for an additional one-point reduction under U.S.S.G. § 3E1.1(b) based on the defendant s refusal to waive his right to appeal. 515 F.3d at 378-79. In Morales-Mota, 704 F.3d at 412, this court, relying upon * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40069 Document: 00512347248 Page: 2 Date Filed: 08/20/2013 No. 13-40069 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 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. The appellant s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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