U.S. Court of Appeals for the Fifth Circuit, 2016

United States v. Jose Santacruz-Hernandez

United States v. Jose Santacruz-Hernandez
U.S. Court of Appeals for the Fifth Circuit · Decided April 20, 2016 · Reavley, Elrod, Haynes
645 F. App'x 336

United States v. Jose Santacruz-Hernandez

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Jose Santacruz-Hernandez raises an argument that is foreclosed by United States v. Martinez-Lugo, 782 F.3d 198, 204-05 (5th Cir.), cert. denied, — U.S. —, 136 S.Ct. 533, 193 L.Ed.2d 426 (2015). In Martinez-Lugo, 782 F.3d at 204-05, we held that an enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(i) for a prior *337 felony conviction of a drug trafficking offense is warranted regardless whether the prior conviction required proof of remuneration or commercial activity. Accordingly, the motion for summary disposition is GRANTED, 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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