Case: 15-40903 Document: 00513384019 Page: 1 Date Filed: 02/17/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40903
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 17, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
RAMON LORENZO FLORES-RODRIGUEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-1892-1
Before DAVIS, SMITH, and PRADO, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Ramon Lorenzo Flores-
Rodriguez 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40903 Document: 00513384019 Page: 2 Date Filed: 02/17/2016
No. 15-40903
offense is 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.
Finally, he raises an argument that is foreclosed by United States v.
Pascacio-Rodriguez, 749 F.3d 353, 367-68 (5th Cir. 2014), which held that a
federal or state offense of conspiracy to commit murder that does not require
an overt act nevertheless constitutes a crime of violence for purposes of the
§ 2L1.2(b)(1)(A)(ii) enhancement. 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.
2