Opinion
No. 14-41428
10-22-2015
UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARCO ANTONIO AYALA-GARCIA, Defendant-Appellant
Conference Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 7:14-CR-1273-1
Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. --------
Appealing the judgment in a criminal case, Marco Antonio Ayala-Garcia raises an argument that he concedes 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 it defines the "owner" of a habitation as a person 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.