United States v. Carlos Nunez-Salomon

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 25, 2013
• Docket: 13-40377
• Status: Unpublished

Opinion

Case: 13-40377 Document: 00512419838 Page: 1 Date Filed: 10/25/2013

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

FILED October 25, 2013 No. 13-40377 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CARLOS GABRIEL NUNEZ-SALOMON,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:12-CR-998-1

Before JOLLY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Carlos Gabriel Nunez-Salomon 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 a habitation” is outside the generic, contemporary definition of “burglary of a

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40377 Document: 00512419838 Page: 2 Date Filed: 10/25/2013

No. 13-40377

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.