United States v. Yorlli Felix-Jaquez , 611 F. App'x 211 ( 2015 )

Case: 14-40421 Document: 00513138816 Page: 1 Date Filed: 08/03/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-40421 FILED
Summary Calendar August 3, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
YORLLI GONZALO FELIX-JAQUEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:13-CR-1265
Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM: *
Yorlli Gonzalo Felix-Jaquez appeals the 46-month within-guidelines
sentence imposed in connection with his conviction for illegal reentry after
deportation. Felix-Jaquez argues that the district court plainly erred in
imposing the 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) based on
his prior Delaware felony conviction for drug dealing. He contends that the
statute criminalizing the offense does not require proof of remuneration and
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40421 Document: 00513138816 Page: 2 Date Filed: 08/03/2015
No. 14-40421
that, therefore, the conviction does not constitute a drug trafficking offense
within the meaning of § 2L1.2.
Felix-Jaquez’s argument 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 under § 2L1.2(b)(1)(A)(i) for a prior conviction of a drug
trafficking offense is warranted regardless of whether the conviction for the
prior offense required proof of remuneration.
The judgment of the district court is AFFIRMED.
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