USA v. Jose Pena-Rojas, No. 12-40917 (5th Cir. 2013)
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Case: 12-40917 Document: 00512217989 Page: 1 Date Filed: 04/23/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40917 Summary Calendar April 23, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE LUIS PENA-ROJAS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:12-CR-256-1 Before JONES, DENNIS, and HAYNES, Circuit Judges. PER CURIAM:* Jose Luis Pena-Rojas appeals his sentence for illegally reentering the United States after deportation. He contends that his guidelines offense level was wrongly increased by 16 levels for a Texas burglary conviction, which he argues is not a crime of violence. In United States v. Morales-Mota, 704 F.3d 410 (5th Cir. 2012), we rejected the same contention made by Pena-Rojas, namely that the Texas burglary crime is broader than the listed generic offense of burglary of a dwelling because Texas defines the owner of a dwelling as one * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40917 Document: 00512217989 Page: 2 Date Filed: 04/23/2013 No. 12-40917 having a greater right to possession than the criminal actor. See Morales-Mota, 704 F.3d at 411-12. As Pena-Rojas concedes in his reply brief, his claim is foreclosed by Morales-Mota. The judgment of the district court is AFFIRMED. 2
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