Conference Calendar UNITED STATES OF AMERICA v. Jose Maria Echavarria-Espinoza

* 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opinion should not be published and is not precedent except under the limited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. 08-40643
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSE MARIA ECHAVARRIA-ESPINOZA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:08-CR-202-1
Before DAVIS, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jose Maria Echavarria-
Espinoza raises arguments that are foreclosed by United States v.
Garcia-Mendez, 420 F.3d 454, 457 (5th Cir.2005), which held that a conviction
under TEX. PENAL CODE ANN. § 30.02(a)(1) for burglary of a habitation is a crime
of violence for purposes of U.S.S.G. § 2L1.2 because it is equivalent to the
enumerated offense of burglary of a dwelling and United States v. Cardenas-
Cardenas, ___ F.3d ___, No. 08-40210, 2008 WL 4353084 (5th Cir. Sept. 25,
2008), which held that James v. United States, 127 S. Ct. 1586 (2007) does not
United States Court of Appeals
Fifth Circuit
F I L E D
November 5, 2008
Charles R. Fulbruge III
Clerk

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No. 08-40643
undermine our conclusions in Garcia-Mendez. The Government’s motion for
summary affirmance is GRANTED, and the judgment of the district court is
AFFIRMED.

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