USA v. Sandra Ventura, No. 13-40120 (5th Cir. 2013)

Annotate this Case

Download PDF

Case: 13-40120 Document: 00512419394 Page: 1 Date Filed: 10/25/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-40120 Conference Calendar October 25, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SANDRA IRIS VENTURA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:12-CR-736-1 Before JOLLY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Sandra Iris Ventura raises an argument that she concedes is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.), 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, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40120 Document: 00512419394 Page: 2 Date Filed: 10/25/2013 No. 13-40120 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. Accordingly, the appellant s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.