United States v. Enrique Mejia

Case: 15-40500 Document: 00513307882 Page: 1 Date Filed: 12/15/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 15-40500
Conference Calendar
United States Court of Appeals
Fifth Circuit

FILED
December 15, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee

ENRIQUE ANTONIO MEJIA, also known as Enrique Antonio Mejia Soto, also
known as Enrique Mejia,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:14-CR-858-1

Before JONES, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Enrique Antonio Mejia raises
an argument that is foreclosed by United States v. Martinez-Lugo, 782 F.3d
198, 204-05 (5th Cir. 2015), cert. denied, 2015 WL 3867557 (Nov. 30, 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

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40500 Document: 00513307882 Page: 2 Date Filed: 12/15/2015

No. 15-40500

trafficking offense is warranted regardless whether the conviction for the prior
offense required proof of remuneration or commercial activity.
Mejia also raises an argument that is foreclosed by United States v.
Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), which held that the
sentence enhancement provided for in § 2L1.2(b)(1)(A)(i) applies to a conviction
for the federal crime of conspiracy to commit a federal drug trafficking offense.
The motion for summary affirmance is GRANTED, the alternative
motion for an extension of time to file a brief is DENIED, and the judgment of
the district court is AFFIRMED.