Case: 15-40625 Document: 00513307390 Page: 1 Date Filed: 12/15/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40625
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 15, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
DIOMEDES FRANCISCO PIMENTEL-CASTRO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:14-CR-526-1
Before JONES, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Diomedes Francisco
Pimentel-Castro 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 which this court held that an
enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior felony conviction of
a drug trafficking offense is warranted regardless whether the prior conviction
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40625 Document: 00513307390 Page: 2 Date Filed: 12/15/2015
No. 15-40625
required proof of remuneration or commercial activity. Accordingly, the
motion for summary disposition is GRANTED, and the judgment of the district
court is AFFIRMED.
2