Case: 15-40828 Document: 00513383724 Page: 1 Date Filed: 02/17/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40828
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 17, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
DELFINO GOMEZ-RANGEL, also known as Erminio Montez-Gomez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-1098-1
Before DAVIS, SMITH, and PRADO, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Delfino Gomez-Rangel 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 offense is
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40828 Document: 00513383724 Page: 2 Date Filed: 02/17/2016
No. 15-40828
warranted regardless whether the conviction for the prior offense required
proof of remuneration or commercial activity.
He 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 a
federal conviction for conspiracy to commit a drug trafficking offense qualifies
for the § 2L1.2(b)(1)(A)(i) enhancement. The motion for summary disposition
is GRANTED, and the judgment of the district court is AFFIRMED.
2