USA vs. Rivas-Pruneda, (5th Cir. 2006)
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United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS
December 6, 2006
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 06-20417
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SERGIO RIVAS-PRUNEDA, also known as Sergio Pruneda Rivas,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:05-CR-312-ALL
Before REAVLEY, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:* Appealing the Judgment in a Criminal Case, Sergio Rivas- Pruneda raises arguments that are foreclosed by United States v. Garcia-Mendez, 420 F.3d 454, 457 (5th Cir. 2005), cert. denied, 126 S. Ct. 1398 (2006), which held that a Texas conviction for burglary of a habitation was equivalent to burglary of a dwelling and therefore was a crime of violence under U.S.S.G. § 2L1.2. The Government's motion for summary affirmance 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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