Case: 14-40410 Document: 00512871314 Page: 1 Date Filed: 12/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40410
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 16, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JUAN ANDRES BOCANEGRA-SANCHEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-1821-1
Before KING, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Juan Andres Bocanegra-
Sanchez 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, this court 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)(1)(A)(ii) because it defines
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40410 Document: 00512871314 Page: 2 Date Filed: 12/16/2014
No. 14-40410
the “owner” of a habitation as a person with a “greater right to possession of
the property than the actor.” Id. (quoting Tex. Penal Code § 1.07(a)(35)(A)).
Accordingly, the unopposed motion for summary disposition is GRANTED, and
the judgment of the district court is AFFIRMED.
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