United States v. Jose Medina

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2