USA v. Oscar Chicoj-Mejia, No. 14-41101 (5th Cir. 2015)

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Case: 14-41101 Document: 00513013149 Page: 1 Date Filed: 04/21/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 14-41101 Conference Calendar April 21, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OSCAR THOMAS CHICOJ-MEJIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-937-1 Before REAVLEY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Oscar Thomas Chicoj-Mejia raises an argument that he concedes is foreclosed by United States v. MoralesMota, 704 F.3d 410, 412 (5th Cir. 2013). In Morales-Mota, 704 F.3d at 412, we 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-41101 Document: 00513013149 Page: 2 Date Filed: 04/21/2015 No. 14-41101 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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