United States v. Ramon Machuca-Anzaldo

Case: 15-40140 Document: 00513241886 Page: 1 Date Filed: 10/22/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40140 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 22, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. RAMON MACHUCA-ANZALDO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:14-CR-196-1 Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Ramon Machuca-Anzaldo 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40140 Document: 00513241886 Page: 2 Date Filed: 10/22/2015 No. 15-40140 offense required proof of remuneration or commercial activity. Accordingly, Machuca-Anzaldo’s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2