USA v. Cesar Lozano, No. 12-20730 (5th Cir. 2013)

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Case: 12-20730 Document: 00512346694 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. 12-20730 Conference Calendar August 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CESAR HERNANDEZ LOZANO, also known as Cesar Lozano Hernandez, also known as Cesar Hernandez-Lozano, also known as Cesar L. Hernandez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-343-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Cesar Hernandez Lozano raises an argument that he concedes is foreclosed by United States v. MoralesMota, 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), cert. denied, 133 S. Ct. 1847 (2013), rejected the argument that the Texas offense of burglary 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-20730 Document: 00512346694 Page: 2 Date Filed: 08/20/2013 No. 12-20730 habitation is outside the generic, contemporary definition of burglary of a dwelling under U.S.S.G. ยง 2L1.2(b)(1)(A)(ii) because it defines the owner of a habitation as a person with a greater right to possession. Accordingly, the Government s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2