Case: 14-41267 Document: 00513079791 Page: 1 Date Filed: 06/16/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-41267 FILED
Conference Calendar June 16, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE RUBEN MEDINA, also known as Jose Rios Medina, also known as Jose
Medina,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:14-CR-244-1
Before DAVIS, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jose Ruben Medina raises an
argument that he concedes is foreclosed by United States v. Morales-Mota, 704
F.3d 410, 412 (5th Cir. 2013), which 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)
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41267 Document: 00513079791 Page: 2 Date Filed: 06/16/2015
No. 14-41267
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 motion for
summary disposition is GRANTED, and the judgment of the district court is
AFFIRMED.
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