United States v. Alberto Riascos-Cardenas

Opinion

Case: 13-40346 Document: 00512473294 Page: 1 Date Filed: 12/17/2013

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED

December 17, 2013

No. 13-40346 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ALBERTO ESTIVENS RIASCOS-CARDENAS, also known as Angel Santiago- Resto, also known as Angel Luis Santiago,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-1897-1

Before DAVIS, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Alberto Estivens Riascos-Cardenas 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), cert. denied, 133 S. Ct. 1847 (2013), rejected the argument that the Texas offense of “burglary of

*

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Case: 13-40346 Document: 00512473294 Page: 2 Date Filed: 12/17/2013

No. 13-40346

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