United States v. Juan Guajardo-Prieto

620 F. App'x 319

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 22, 2015
• Docket: 14-41055
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Juan Guajardo-Prieto 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). In Martinez-Lugo, we determined 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. Guajardo-Prieto also raises another argument that he concedes is foreclosed by United States v. Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir.2012), which held that the § 2L1.2(b)(l)(A)(i) sentencing enhancement applies to a conviction for the federal crime of conspiracy to commit a drug trafficking offense..

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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.