USA v. Jose Echavarria-Espinoza

Filing

UNPUBLISHED OPINION FILED. [12-40826 Affirmed ] Judge: CDK , Judge: EBC , Judge: SAH Mandate pull date is 05/13/2013 for Appellant Jose Maria Echavarria-Espinoza; granting motion for summary affirmance filed by Appellant Mr. Jose Maria Echavarria-Espinoza [7280294-2] [12-40826]

Case: 12-40826

Document: 00512216330

Page: 1

Date Filed: 04/22/2013

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 12-40826
Summary Calendar

April 22, 2013
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE MARIA ECHAVARRIA-ESPINOZA,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:11-CR-1603-1

Before KING, CLEMENT, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Jose Maria EchavarriaEspinoza raises an argument that he concedes is foreclosed by United States v.
Morales-Mota, 704 F.3d 410 (5th Cir. 2013), which held that, despite the
relevant definition of “owner” in Texas law, the Texas crime of burglary of a
habitation is a “crime of violence” under the Federal Sentencing Guidelines. The
appellant’s motion for summary disposition is GRANTED, and the judgment of
the district court is AFFIRMED.
*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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