Case: 15-40060 Document: 00513242237 Page: 1 Date Filed: 10/22/2015

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15-40060 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 22, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JESUS MANUEL MEZA-GARCIA, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:14-CR-800-1

Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.

PER CURIAM: * Appealing the judgment in a criminal case, Jesus Manuel Meza-Garcia 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. 14- 10355). In Martinez-Lugo, 782 F.3d at 204-05, we held that an enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior conviction of a drug

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Case: 15-40060 Document: 00513242237 Page: 2 Date Filed: 10/22/2015

No. 15-40060 trafficking offense is warranted regardless whether the conviction for the prior offense required proof of remuneration or commercial activity.

Meza-Garcia 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 the sentence enhancement provided for in § 2L1.2(b)(1)(A)(i) applies to a conviction for the federal crime of conspiracy to commit a federal drug trafficking offense.

Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.