Case: 15-40842 Document: 00513383787 Page: 1 Date Filed: 02/17/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40842
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 17, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JOSE HUMBERTO AVALOS-GUTIERREZ, also known as Jose Garza-
Ramirez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:15-CR-169-1
Before DAVIS, SMITH, and PRADO, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jose Humberto Avalos-
Gutierrez raises an argument that is foreclosed by United States v. Martinez-
Lugo, 782 F.3d 198, 204-05 (5th Cir.), cert. denied, 136 S. Ct. 533 (2015). 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 felony conviction of a drug trafficking
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40842 Document: 00513383787 Page: 2 Date Filed: 02/17/2016
No. 15-40842
offense is warranted regardless whether the conviction for the prior offense
required proof of remuneration or commercial activity. Accordingly, 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.
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