Case: 15-40019 Document: 00513241707 Page: 1 Date Filed: 10/22/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40019
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 22, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
RENE VARGAS-ALVAREZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:14-CR-771-1
Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Rene Vargas-Alvarez raises
an argument that he concedes 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 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
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40019 Document: 00513241707 Page: 2 Date Filed: 10/22/2015
No. 15-40019
offense required proof of remuneration or commercial activity. Accordingly,
Vargas-Alvarez’s unopposed motion for summary disposition is GRANTED,
and the judgment of the district court is AFFIRMED.
2