United States v. Francisco Millan-Arteaga

Opinion

Case: 13-40851 Document: 00512597938 Page: 1 Date Filed: 04/16/2014

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13-40851 Conference Calendar

United States Court of Appeals Fifth Circuit

FILED

April 16, 2014

UNITED STATES OF AMERICA, Lyle W. Cayce

Clerk

Plaintiff-Appellee

v.

FRANCISCO IVAN MILLAN-ARTEAGA, also known as Francisco Ivan Millan-Artega,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13-CR-690-1

Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Francisco Ivan Millan-

Arteaga 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F.3d at 412, this court, relying upon its holding in United States v. Joslin, 487 F. App’x 139, 141-43 (5th Cir. 2012) (unpublished), cert.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40851 Document: 00512597938 Page: 2 Date Filed: 04/16/2014

No. 13-40851

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