United States v. Francisco Morales-Mota
2013 U.S. App. LEXIS 546
| 5th Cir. | 2013Background
- Morales-Mota pleaded guilty to unlawful presence after deportation; sentence 46 months at the bottom of the guideline range.
- Enhancement 16 levels under § 2L1.2(b)(1)(A)(ii) applied for prior burglary of a habitation with intent to commit theft, deemed a crime of violence (COV).
- Morales-Mota challenges the enhancement as Texas burglary-of-a-habitation being broader than the generic definition of burglary; argument depends on “owner” concept in Texas law.
- He did not raise the objection in district court; the review is plain error unless clear, obvious error affecting substantial rights and public fairness.
- The court aligns with the generic, contemporary definition of burglary of a dwelling and affirms that Texas § 30.02(a)(1) fits within the enumerated COV under § 2L1.2, citing Garcia-Mendez and Joslin (persuasive), and Lopez-DeLeon/Sanchez.
- The judgment is AFFIRMED.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Texas burglary of a habitation is a COV under § 2L1.2 | Morales-Mota argues Texas definition is broader than generic burglary | Morales-Mota relies on Texas owner concept to argue broader scope | Yes; enhancement proper. |
Key Cases Cited
- Garcia-Mendez, United States v., 420 F.3d 454 (5th Cir. 2005) (burglary of a habitation constitutes burglary of a dwelling for COV/ACCA purposes)
- Lopez-DeLeon, United States v., 513 F.3d 472 (5th Cir. 2008) (compare generic crime with statute of conviction for enumerated COV)
- Sanchez, United States v., 667 F.3d 555 (5th Cir. 2012) (statutory definition compared to generic burglary)
- Najera-Mendoza, United States v., 683 F.3d 627 (5th Cir. 2012) (same analysis for ACCA and COV; counts as COV)
- Taylor v. United States, 495 U.S. 575 (1990) (enumerated offenses list due to harm potential)