Case: 14-41055 Document: 00513241743 Page: 1 Date Filed: 10/22/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-41055
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 22, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JUAN GUAJARDO-PRIETO,
Defendant-Appellant
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-559-1
Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Juan Guajardo-Prieto raises
an argument that is foreclosed by our holding in 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 determined 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 offense
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41055 Document: 00513241743 Page: 2 Date Filed: 10/22/2015
No. 14-41055
required proof of remuneration or commercial activity. Guajardo-Prieto also
raises another argument that he concedes is foreclosed by United States v.
Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), which held that the
§ 2L1.2(b)(1)(A)(i) sentencing enhancement applies to a conviction for the
federal crime of conspiracy to commit a drug trafficking offense.
Accordingly, the Government’s unopposed motion for summary
affirmance is GRANTED, its alternative motion for an extension of time to file
a brief is DENIED, and the judgment of the district court is AFFIRMED.
2