USA v. Heliodoro Vela-Cavazo

Filing

UNPUBLISHED OPINION FILED. [14-20767 Affirmed ] Judge: EGJ , Judge: JEG , Judge: GJC Mandate pull date is 09/08/2015 for Appellant Heliodoro Vela-Cavazos; granting motion for summary affirmance filed by Appellant Mr. Heliodoro Vela-Cavazos [7904682-2] [14-20767]

Case: 14-20767

Document: 00513157857

Page: 1

Date Filed: 08/18/2015

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

No. 14-20767
Conference Calendar

FILED
August 18, 2015
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HELIODORO VELA-CAVAZOS, also known as Heliodoro Vela, also known as
Eliodoro Vela, also known as Eliodoro Cavazos Vela, also known as Eliodoro
Vela-Cavazos, also known as Helidoro Cavazos Vela, also known as Jose Vela,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:14-CR-285-1
Before JOLLY, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Heliodoro Vela-Cavazos
raises an argument that is foreclosed by United States v. Morales-Mota, 704
F.3d 410, 412 (5th Cir. 2013), which 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)(1)(A)(ii)
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-20767

Document: 00513157857

Page: 2

Date Filed: 08/18/2015

No. 14-20767
because it defines the “owner” of a habitation as a person with a “greater right
to possession of the property than the actor.”

The motion for summary

disposition is GRANTED, and the judgment of the district court is AFFIRMED.

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