United States v. Martin Netro-De Leon , 620 F. App'x 337 ( 2015 )


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  •      Case: 15-40351      Document: 00513242255         Page: 1    Date Filed: 10/22/2015
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 15-40351
    Conference Calendar
    United States Court of Appeals
    Fifth Circuit
    FILED
    October 22, 2015
    UNITED STATES OF AMERICA,
    Lyle W. Cayce
    Clerk
    Plaintiff-Appellee
    v.
    MARTIN NETRO-DE LEON,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 1:14-CR-929-1
    Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.
    PER CURIAM: *
    Appealing the judgment in a criminal case, Martin Netro De-Leon raises
    an argument that is foreclosed by United States v. Martinez-Lugo, 
    782 F.3d 198
     (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)(1)(A)(i) for a prior conviction of a drug trafficking offense
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40351   Document: 00513242255      Page: 2   Date Filed: 10/22/2015
    No. 15-40351
    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.
    2
    

Document Info

Docket Number: 15-40351

Citation Numbers: 620 F. App'x 337

Filed Date: 10/22/2015

Precedential Status: Non-Precedential

Modified Date: 1/13/2023