USA v. Giovanni Deleon, No. 13-20574 (5th Cir. 2014)

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Case: 13-20574 Document: 00512666096 Page: 1 Date Filed: 06/17/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-20574 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 17, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. GIOVANNI COEHLO DELEON, also known as Geovanni Deleon, also known as Giovanni Coelho DeLeon, also known as Giovanni Deleon, also known as Oscar J. Rodriguez, also known as Oscar Javier Rodriguez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13-CR-198-1 Before KING, HAYNES, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Giovanni Coehlo DeLeon raises an argument that he concedes is foreclosed by United States v. MoralesMota, 704 F.3d 410, 412 (5th Cir.) (per curiam), 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, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20574 Document: 00512666096 Page: 2 Date Filed: 06/17/2014 No. 13-20574 133 S. Ct. 1847 (2013), rejected the argument that the Texas offense of burglary of a habitation is broader than the generic, contemporary definition of burglary of a dwelling under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because it defines the owner of a habitation as a person with a greater right to possession of the property than the actor. DeLeon s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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