USA v. Jose Echavarria-Espinoza


UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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