United States v. Manuel Garcia-Contreras

619 F. App'x 429

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 22, 2015
• Docket: 14-40940
• Status: Unpublished

Opinion

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)(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.

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.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be pubh'shed and is not precedent except under the limited circumstances set forth in 5th Cir. R, 47.5.4.