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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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Precedential Status: Non-Precedential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