United States v. Jose Pruneda-Garza

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 16, 2014
• Docket: 13-20300
• Status: Unpublished

Opinion

Case: 13-20300 Document: 00512597400 Page: 1 Date Filed: 04/16/2014

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13-20300 Conference Calendar United States Court of Appeals Fifth Circuit

FILED April 16, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk 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

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at 412, this court, relying upon its holding in United States v. Joslin, 487 F. App’x 139, 141-43 (5th Cir. 2012) (unpublished), cert.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20300 Document: 00512597400 Page: 2 Date Filed: 04/16/2014

No. 13-20300

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.