Case: 14-20174 Document: 00513012554 Page: 1 Date Filed: 04/21/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-20174 FILED
Conference Calendar April 21, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ORLANDO FRANCO-ALARCON, also known as Orlando Adan Franco, also
known as Orlando Franco Alarcon, also known as Orlando A. Franco, also
known as XX Hondaboy, also known as Sergio Alarcon,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:13-CV-652-1
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Orlando Franco-Alarcon
raises arguments that are foreclosed by United States v. Rodriguez-Salazar,
768 F.3d 437, 437-38 (5th Cir. 2014), and United States v. Morales-Mota, 704
F.3d 410, 412 (5th Cir. 2013). In Rodriguez-Salazar, we rejected the argument
that the Texas offense of theft is broader than the generic, contemporary
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-20174 Document: 00513012554 Page: 2 Date Filed: 04/21/2015
No. 14-20174
definition of theft because the Texas offense, which includes theft by deception,
may be committed by taking property with the owner’s consent. Rodriguez-
Salazar, 768 F.3d at 437-38. In Morales-Mota, 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)(1)(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.” Morales-
Mota, 704 F.3d at 412. Accordingly, the unopposed motion for summary
affirmance is GRANTED, the alternative motion for an extension of time to file
a brief is DENIED, and the judgment of the district court is AFFIRMED.
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