United States v. Pedro Cruz-Granados

Case: 15-40168 Document: 00513242081 Page: 1 Date Filed: 10/22/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40168 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 22, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. PEDRO CRUZ-GRANADOS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-910-1 Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Pedro Cruz-Granados 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40168 Document: 00513242081 Page: 2 Date Filed: 10/22/2015 No. 15-40168 offense required proof of remuneration or commercial activity. Accordingly, the Government’s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2