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United States v. Olguin-Lozano

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Aug 20, 2013
539 F. App'x 399 (5th Cir. 2013)

Opinion

No. 13-40069

08-20-2013

UNITED STATES OF AMERICA, Plaintiff-Appellee v. JORGE ALBERTO OLGUIN-LOZANO, Defendant-Appellant


Conference Calendar


Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:12-CR-165-1

Before HIGGINBOTHAM, SMITH, and GRAVES, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Jorge Alberto Olguin-Lozano raises arguments that he concedes are foreclosed by United States v. Newson, 515 F.3d 374, 378-79 (5th Cir. 2008), and United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.), cert. denied, 133 S. Ct. 2374 (2013). Newson held that the Government may decline to move for an additional one-point reduction under U.S.S.G. § 3E1.1(b) based on the defendant's refusal to waive his right to appeal. 515 F.3d at 378-79. 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 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."

The appellant's motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.


Summaries of

United States v. Olguin-Lozano

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Aug 20, 2013
539 F. App'x 399 (5th Cir. 2013)
Case details for

United States v. Olguin-Lozano

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee v. JORGE ALBERTO…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: Aug 20, 2013

Citations

539 F. App'x 399 (5th Cir. 2013)