Opinion
No. 13-20574
06-17-2014
UNITED STATES OF AMERICA, Plaintiff-Appellee v. GIOVANNI COEHLO DELEON, also known as Geovanni Deleon, also known as Giovanni Coelho DeLeon, also known as Giovanni Deleon, also known as Oscar J. Rodriguez, also known as Oscar Javier Rodriguez, Defendant-Appellant
Conference Calendar
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:13-CR-198-1
Before KING, HAYNES, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Giovanni Coehlo DeLeon raises an argument that he concedes is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.) (per curiam), cert. denied, 133 S. Ct. 2374 (2013). In Morales-Mota, 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), cert. denied, 133 S. Ct. 1847 (2013), 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." DeLeon's motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.