United States v. Gabriel Plascencia-Acosta

Case: 15-40066 Document: 00513080317 Page: 1 Date Filed: 06/16/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40066 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 16, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. GABRIEL PLASCENCIA-ACOSTA, also known as Jose Maro Sanchez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-519-1 Before DAVIS, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Gabriel Plascencia-Acosta raises an argument that he concedes is foreclosed by United States v. Martinez- Lugo, 782 F.3d 198, 204-05 (5th Cir. 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 conviction of a drug trafficking offense is warranted regardless whether the conviction for the prior offense required proof of remuneration or commercial * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40066 Document: 00513080317 Page: 2 Date Filed: 06/16/2015 No. 15-40066 activity. Accordingly, Plascencia-Acosta’s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2