USA v. Daniel Villegas-Marquez, No. 12-41448 (5th Cir. 2013)

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Case: 12-41448 Document: 00512346807 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. 12-41448 Conference Calendar August 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANIEL VILLEGAS-MARQUEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-292-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Daniel Villegas-Marquez raises an argument that he concedes is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.), cert. denied, 133 S. Ct. 2374 (2013). In MoralesMota, 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 habitation is outside the generic, contemporary definition of burglary of a dwelling under * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41448 Document: 00512346807 Page: 2 Date Filed: 08/20/2013 No. 12-41448 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. The appellant s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2