United States v. Marco Ayala-Garcia

619 F. App'x 434

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 22, 2015
• Docket: 14-41428
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Marco Antonio Ayala-Garcia raises an argument that he concedes is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.2013). In Morales-Mota, 704 F.3d at 412, we rejected the argument that the Texas offense of “burglary of a habitation” is broader than the generic, contemporary definition of “burglary of a dwelling” under U.S.S.G. § 2L1.2(b)(l)(A)(ii) because it defines the “owner” of a habitation as a person with a “greater right to possession of the property than the actor.” Accordingly, the unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

* Pursuant to 5th Cm. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.