Legal Opinion

United States v. Alfredo Bautista-Villarreal

Court of Appeals for the Fifth Circuit

Decided February 17, 2016No. 15-40698Unpublished

1Opinion of the Court

PER CURIAM: *

Appealing the judgment in a criminal case, Alfredo Bautista-Villarreal raises an argument that is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.2013). In Morales-Mota, 704 F.3d at 412, 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)(l)(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.” Accordingly, the motion for summary affirmance is…

2Cases cited1 opinion

  1. United States v. Francisco Morales-MotaCourt of Appeals for the Fifth Circuit · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API