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

United States v. Bernabe Tapia-Osorio

United States v. Bernabe Tapia-Osorio
U.S. Court of Appeals for the Fifth Circuit · Decided April 20, 2016 · Reavley, Elrod, Haynes
646 F. App'x 343

United States v. Bernabe Tapia-Osorio

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Bernabé Tapia-Osorio raises an argument that is foreclosed by United States v. Martinez-Lugo, 782 F.3d 198, 204-05 (6th 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)(1)(A)(i) for a prior felony 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 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.