United States v. Manuel Buzani-Munoz , 658 F. App'x 752 ( 2016 )


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  •      Case: 15-51231      Document: 00513721909         Page: 1    Date Filed: 10/18/2016
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 15-51231
    Conference Calendar
    United States Court of Appeals
    Fifth Circuit
    FILED
    October 18, 2016
    UNITED STATES OF AMERICA,
    Lyle W. Cayce
    Clerk
    Plaintiff-Appellee
    v.
    MANUEL JESUS BUZANI-MUNOZ, also known as Jesus Manuel Buzani-
    Munoz,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 3:15-CR-1207-1
    Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.
    PER CURIAM: *
    Appealing the judgment in a criminal case, Manuel Jesus Buzani-Munoz
    raises an argument that is foreclosed by United States v. Martinez-Lugo, 
    782 F.3d 198
    , 204-05 (5th Cir.), cert. denied, 
    136 S. Ct. 533
    (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
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-51231   Document: 00513721909    Page: 2   Date Filed: 10/18/2016
    No. 15-51231
    warranted regardless whether the conviction for the prior offense required
    proof of remuneration or commercial activity. Accordingly, the Government’s
    motion for summary affirmance 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.
    2
    

Document Info

Docket Number: 15-51231

Citation Numbers: 658 F. App'x 752

Filed Date: 10/18/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023