United States v. Ramon Flores-Rodriguez

634 F. App'x 471

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 18, 2016
• Docket: 15-40903
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Ramon Lorenzo Flores-Rodriguez 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)(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.

He 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 a federal conviction for conspiracy to commit a drug trafficking offense qualifies for the § 2L1.2(b)(l)(A)(i) enhancement.

Finally, he raises an argument that is foreclosed by United States v. Pascacio-Rodriguez, 749 F.3d 353, 367-68 (5th Cir. 2014), which held that a federal or state offense of conspiracy to commit murder that does not require an overt act never theless constitutes a crime of violence for purposes of the § 2L1.2(b)(l)(A)(ii) enhancement. The motion for summary af-firmance 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.