USA v. Alberto Riascos-Cardena

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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