U.S. Court of Appeals for the Fifth Circuit, 2015

United States v. Marcelo Garrido-Reyes

United States v. Marcelo Garrido-Reyes
U.S. Court of Appeals for the Fifth Circuit · Decided August 18, 2015 · Jolly, Graves, Costa
613 F. App'x 354

United States v. Marcelo Garrido-Reyes

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Marcelo Garrido-Reyes raises an argument that is foreclosed by United States v. Martinez-Lugo, 782 F.3d 198, 204-05 (5th Cir. 2015), petition for cert. filed (June 19, 2015) (No. 1410355). In Martinez-Lugo, 782 F.3d at 204-05, we held that an enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(i) for a prior conviction of a drug trafficking offense is warranted regardless whether the conviction for the prior offense required proof of remuneration or commercial activity.

Garrido-Reyes also raises an argument that is foreclosed by United States v. Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), which held that an enhancement pursuant to § 2L1.2(b)(l)(A)(i) applies to a prior conviction for the federal crime of conspiracy to commit a federal drug trafficking offense.

The motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DE *355 NIED, 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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