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

United States v. Gabriel Garcia-Gaona

United States v. Gabriel Garcia-Gaona
U.S. Court of Appeals for the Fifth Circuit · Decided October 22, 2015 · Higginbotham, Dennis, Higginson
617 F. App'x 360

United States v. Gabriel Garcia-Gaona

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Gabriel Garcia-Gaona raises an argument that is foreclosed by our holding in United States v. Martinez-Lugo, 782 F.3d 198, 204-05 (5th Cir. 2015), petition for cert. filed (June 19, 2015) (No. 14-10355), that an enhancement under 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.

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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