USA v. Cesar Mireles-Vargas, No. 15-40907 (5th Cir. 2016)

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Case: 15-40907 Document: 00513384067 Page: 1 Date Filed: 02/17/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40907 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 17, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. CESAR LEONEL MIRELES-VARGAS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:15-CR-5-1 Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Cesar Leonel Mireles-Vargas raises an argument that is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir. 2013). In Morales-Mota, 704 F.3d at 412, we 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 Texas law defines the “owner” of a 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40907 Document: 00513384067 Page: 2 Date Filed: 02/17/2016 No. 15-40907 habitation as a person with “a greater right to possession of the property than the actor.” Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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