United States v. Julio Perez-De La Rosa

Case: 15-40115 Document: 00513242969 Page: 1 Date Filed: 10/22/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 15-40115
Conference Calendar
United States Court of Appeals
Fifth Circuit

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

v.

JULIO CESAR PEREZ-DE LA ROSA,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:13-CR-1384-1

Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Julio Cesar Perez-De La Rosa
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40115 Document: 00513242969 Page: 2 Date Filed: 10/22/2015

No. 15-40115

offense required proof of remuneration or commercial activity. Accordingly,
the motion for summary disposition is GRANTED, and the judgment of the
district court is AFFIRMED.

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