USA v. Ceasar Gonzales, No. 12-40712 (5th Cir. 2013)

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Case: 12-40712 Document: 00512196700 Page: 1 Date Filed: 04/03/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40712 Summary Calendar April 3, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CEASAR GONZALES, also known as Rene Castro, also known as Ceasar Elliot Gonzales, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-120-1 Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM:* Ceasar Gonzales appeals his 44-month sentence for unlawful presence in the United States under 8 U.S.C. § 1326(b). He contends that the district court plainly erred by imposing the 16-level crime of violence enhancement in U.S.S.G. § 2L1.2 based upon his prior conviction for burglary of a habitation under Texas Penal Code § 30.02(a)(1). According to Gonzales, the Texas offense does not qualify as the enumerated offense of burglary of a dwelling in the commentary * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40712 Document: 00512196700 Page: 2 Date Filed: 04/03/2013 No. 12-40712 to § 2L1.2 because Texas defines owner to include a person who[] has . . . a greater right to possession of the property than the actor. Because Gonzales did not object to the enhancement in the district court, we review for plain error. See United States v. Morales-Mota, 704 F.3d 410, 411 (5th Cir. 2013). We rejected a materially indistinguishable argument in Morales-Mota, 704 F.3d at 412-13. In light of Morales-Mota, we find no error here, plain or otherwise. See id. AFFIRMED. 2

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