Case: 13-40069 Document: 00512347248 Page: 1 Date Filed: 08/20/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 20, 2013
No. 13-40069
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JORGE ALBERTO OLGUIN-LOZANO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:12-CR-165-1
Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Jorge Alberto Olguin-Lozano
raises arguments that he concedes are foreclosed by United States v. Newson,
515 F.3d 374, 378-79 (5th Cir. 2008), and United States v. Morales-Mota, 704
F.3d 410, 412 (5th Cir.), cert. denied, 133 S. Ct. 2374 (2013). Newson held that
the Government may decline to move for an additional one-point reduction under
U.S.S.G. § 3E1.1(b) based on the defendant’s refusal to waive his right to appeal.
515 F.3d at 378-79. In Morales-Mota, 704 F.3d at 412, this court, relying upon
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40069 Document: 00512347248 Page: 2 Date Filed: 08/20/2013
No. 13-40069
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 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.
2