USA v. Oscar Gonzales-Matute, No. 14-41019 (5th Cir. 2015)

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Case: 14-41019 Document: 00513158031 Page: 1 Date Filed: 08/18/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-41019 Conference Calendar FILED August 18, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSCAR ASAEL GONZALES-MATUTE, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-614-1 Before JOLLY, GRAVES, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Oscar Asael GonzalesMatute raises an argument that is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir. 2013), which 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) because it defines the “owner” of a habitation as a person with a “greater right 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-41019 Document: 00513158031 Page: 2 Date Filed: 08/18/2015 No. 14-41019 to possession of the property than the actor.” The motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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