United States v. Jose Sepulveda-Gaytan

Case: 14-41070 Document: 00513158123 Page: 1 Date Filed: 08/18/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

FILED
No. 14-41070 August 18, 2015
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,

Plaintiff-Appellee

JOSE DE LA CRUZ SEPULVEDA-GAYTAN, also known as Jose Sepulveda,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-532-1

Before JOLLY, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jose De La Cruz Sepulveda-
Gaytan raises an argument that 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 pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior conviction of

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41070 Document: 00513158123 Page: 2 Date Filed: 08/18/2015

No. 14-41070

a drug trafficking offense is warranted regardless whether the conviction for
the prior offense required proof of remuneration or commercial activity.
Sepulveda-Gaytan 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 an enhancement pursuant to § 2L1.2(b)(1)(A)(i) applies to a prior
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.