USA v. Alberto Riascos-Cardena


UNPUBLISHED OPINION FILED. [13-40346 Affirmed ] Judge: WED , Judge: JLD , Judge: EBC Mandate pull date is 01/07/2014 for Appellant Alberto Estivens Riascos-Cardenas; granting motion for summary affirmance filed by Appellant Mr. Alberto Estivens Riascos-Cardenas [7421566-2] [13-40346]

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Case: 13-40346 Document: 00512473294 Page: 1 Date Filed: 12/17/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-40346 Conference Calendar December 17, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ALBERTO ESTIVENS RIASCOS-CARDENAS, also known as Angel SantiagoResto, also known as Angel Luis Santiago, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-1897-1 Before DAVIS, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Alberto Estivens Riascos-Cardenas raises an argument that he concedes is foreclosed by United States v. Morales-Mota, 704 F.3d 410, 412 (5th Cir.), cert. denied, 133 S. Ct. 2374 (2013). In Morales-Mota, 704 F.3d at 412, this court, relying upon its holding in United States v. Joslin, 487 F. App’x 139, 141-43 (5th Cir. 2012), cert. denied, 133 S. Ct. 1847 (2013), rejected the argument that the Texas offense of “burglary of * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40346 Document: 00512473294 Page: 2 Date Filed: 12/17/2013 No. 13-40346 a habitation” is outside the generic, contemporary definition of “burglary of a dwelling” under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because it defines the “owner” of a habitation as a person with a “greater right to possession.” Accordingly, the appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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