United States v. Eduardo Morales-Galvez , 623 F. App'x 284 ( 2015 )


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  •      Case: 15-40137      Document: 00513307439         Page: 1    Date Filed: 12/15/2015
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 15-40137
    Conference Calendar
    United States Court of Appeals
    Fifth Circuit
    FILED
    December 15, 2015
    UNITED STATES OF AMERICA,
    Lyle W. Cayce
    Clerk
    Plaintiff-Appellee
    v.
    EDUARDO DE JESUS MORALES-GALVEZ,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 5:14-CR-95-1
    Before JONES, SOUTHWICK, and COSTA, Circuit Judges.
    PER CURIAM: *
    Appealing the judgment in a criminal case, Eduardo De Jesus Morales-
    Galvez raises an argument that is foreclosed by United States v. Martinez-
    Lugo, 
    782 F.3d 198
    , 204-05 (5th Cir. 2015), cert. denied, 
    2015 WL 3867557
    (Nov. 30, 2015) (No. 14-10355). 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 conviction
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40137     Document: 00513307439    Page: 2   Date Filed: 12/15/2015
    No. 15-40137
    of a drug trafficking offense is warranted regardless whether the conviction for
    the prior offense required proof of remuneration or commercial activity.
    Morales-Galvez 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.
    The 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: 15-40137

Citation Numbers: 623 F. App'x 284

Filed Date: 12/15/2015

Precedential Status: Non-Precedential

Modified Date: 1/13/2023