USA v. Jesus Islas-Saucedo, No. 13-41324 (5th Cir. 2014)

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Case: 13-41324 Document: 00512825299 Page: 1 Date Filed: 11/04/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-41324 Conference Calendar United States Court of Appeals Fifth Circuit FILED November 4, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JESUS ISLAS-SAUCEDO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 6:13-CR-71-1 Before JOLLY, HIGGINBOTHAM, and OWEN, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Jesus Islas-Saucedo 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 MoralesMota, 704 F.3d at 412, this court rejected the argument that the Texas offense of “burglary of a habitation” is broader than the generic, contemporary definition of “burglary of a dwelling” under U.S.S.G. § 2L1.2(b)(1)(A)(ii) 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-41324 Document: 00512825299 Page: 2 Date Filed: 11/04/2014 No. 13-41324 because it defines the “owner” of a habitation as a person with a “greater right to possession of the property than the actor.” Accordingly, the unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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