USA v. Fidel Alfaro-Jimenez, No. 13-40859 (5th Cir. 2014)

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Case: 13-40859 Document: 00512597997 Page: 1 Date Filed: 04/16/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40859 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 16, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. FIDEL ALFARO-JIMENEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13-CR-663-1 Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Fidel Alfaro-Jimenez 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F.3d at 412, this court, relying upon its holding in United States v. Joslin, 487 F. App x 139, 141-43 (5th Cir. 2012) (unpublished), cert. denied, 133 S. Ct. 1847 (2013), rejected the argument that the Texas offense of burglary 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40859 Document: 00512597997 Page: 2 Date Filed: 04/16/2014 No. 13-40859 of a habitation is outside 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. Accordingly, Alfaro-Jimenez s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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