United States v. Manuel Martinez

Case: 15-40114 Document: 00513242912 Page: 1 Date Filed: 10/22/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 15-40114
Conference Calendar
United States Court of Appeals
Fifth Circuit

FILED
October 22, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee

v.

MANUEL DE JESUS MARTINEZ,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:13-CR-1311-1

Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Manuel De Jesus Martinez
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, we held that an enhancement
pursuant to 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40114 Document: 00513242912 Page: 2 Date Filed: 10/22/2015

No. 15-40114

offense required proof of remuneration or commercial activity. Id. at 204-05.
Accordingly, Martinez’s unopposed motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.

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