Appealing the judgment in a criminal case, Jose Eugenio Pruneda-Garza raises an argument that he concedes is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.), cert. denied, - U.S. -, 133 S.Ct. 2374, 185 L.Ed.2d 1091 (2013). In Morales-Mota, 704 F.3d at 412, this court, relying upon its holding in United States v. Joslin, 487 Fed.Appx. 139, 141-43 (5th Cir.2012) (unpublished), cert. denied, — U.S. —, 133 S.Ct. 1847, 185 L.Ed.2d 851 (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 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, Pruneda-Garza’s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.
563 F. App'x 287
UNITED STATES of America, Plaintiff-Appellee v. Jose Eugenio PRUNEDA-GARZA, also known as Jose Eugenio Pruneda, also known as Jose Eugenio Pruneda Garza, also known as Joe Pruneda, also known as Jose G. Pruneda, Defendant-Appellant.
No. 13-20300
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
April 16, 2014.
Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
Before PRADO, ELROD, and HAYNES, Circuit Judges.
United States v. Pruneda-Garza
563 F. App'x 287
Case Details
563 F. App'x 287
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