USA v. Florencio Alcaraz, No. 12-41164 (5th Cir. 2013)

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Case: 12-41164 Document: 00512250350 Page: 1 Date Filed: 05/22/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-41164 Summary Calendar May 22, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FLORENCIO ALEJANDRO ALCARAZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:12-CR-306-1 Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Florencio Alejandro Alcaraz raises an argument that he concedes is foreclosed by United States v. MoralesMota, 704 F.3d 410 (5th Cir. 2013), petition for cert. filed (U.S. Apr. 8, 2013) (No. 12-9676), which held that, despite the relevant definition of owner in Texas law, the Texas crime of burglary of a habitation is a crime of violence under the Federal Sentencing Guidelines. The appellant s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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