Conference Calendar UNITED STATES OF AMERICA v. Alfredo Gonzalez-Cordova

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-40313
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ALFREDO GONZALEZ-CORDOVA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:07-CR-1230-1
Before JOLLY, BARKSDALE, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Alfredo Gonzalez-Cordova
raises arguments that are foreclosed by United States v. Garcia-Mendez, 420
F.3d 454, 457 (5th Cir. 2005), which held that a Texas conviction for burglary of
a habitation was equivalent to burglary of a dwelling and United States v.
Gomez-Guerra, 485 F.3d 301, 303 n.1 (5th Cir.), cert. denied, 128 S. Ct. 156
(2007), which explained that the decision in James v. United States, 127 S. Ct.
1586 (2007) is not dispositive of this issue. The Government’s motion for
summary affirmance is GRANTED, and the judgment of the district court is
AFFIRMED.
United States Court of Appeals
Fifth Circuit
F I L E D
October 8, 2008
Charles R. Fulbruge III
Clerk

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