Opinion
No. 13-20300
04-16-2014
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
Conference Calendar
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:13-CR-70-1
Before PRADO, ELROD, and HAYNES, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, 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, 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F.3d at 412, this court, relying upon its holding in United States v. Joslin, 487 F. App'x 139, 141-43 (5th Cir. 2012) (unpublished), cert.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." Accordingly, Pruneda-Garza's unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.