United States v. Rene Herrera-Garduno

Case: 15-40886 Document: 00513383981 Page: 1 Date Filed: 02/17/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40886 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 17, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. RENE HERRERA-GARDUNO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-1304-1 Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Rene Herrera-Garduno 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 warranted regardless whether the prior conviction required proof of * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40886 Document: 00513383981 Page: 2 Date Filed: 02/17/2016 No. 15-40886 remuneration or commercial activity. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2