United States v. Victor Mendoza-Toledo

Case: 14-40325 Document: 00513125473 Page: 1 Date Filed: 07/22/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40325 Summary Calendar United States Court of Appeals Fifth Circuit FILED July 22, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee, v. VICTOR MANUEL MENDOZA-TOLEDO, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 5:13-CR-1192-1 Before PRADO, OWEN, and GRAVES, Circuit Judges. PER CURIAM: * Victor Manuel Mendoza-Toledo (Mendoza) appeals his 30-month sentence for illegal reentry on the ground that the district court erred by imposing an enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(i). As Mendoza objected in the district court on this basis, we review the imposition of the enhancement de novo. See United States v. Morales-Martinez, 496 F.3d 356, 357 (5th Cir. 2007). We have rejected Mendoza’s reading of Moncrieffe v. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40325 Document: 00513125473 Page: 2 Date Filed: 07/22/2015 No. 14-40325 Holder, 133 S. Ct. 1678 (2013), and his argument that a state drug conviction need involve financial remuneration to constitute a drug trafficking offense for purposes of § 2L1.2(b)(1)(A)(i). See United States v. Martinez-Lugo, 782 F.3d 198, 201-05 (5th Cir. 2015) (per curiam). AFFIRMED. 2