USA v. Mario Avalos-Galvan, No. 14-40616 (5th Cir. 2015)

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Case: 14-40616 Document: 00512946425 Page: 1 Date Filed: 02/24/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-40616 Conference Calendar FILED February 24, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARIO ALBERTO AVALOS-GALVAN, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:13-CR-820-1 Before DAVIS, ELROD, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Mario Alberto Avalos-Galvan raises an argument that he concedes is foreclosed by United States v. MoralesMota, 704 F.3d 410, 412 (5th Cir. 2013), which 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40616 Document: 00512946425 Page: 2 Date Filed: 02/24/2015 No. 14-40616 with a “greater right to possession of the property than the actor.” Accordingly, the unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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