United States v. Julio Perez-Gaona

Case: 15-40898 Document: 00513471918 Page: 1 Date Filed: 04/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40898 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 20, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JULIO CESAR PEREZ-GAONA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-875-1 Before REAVLEY, ELROD, and HAYNES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Julio Cesar Perez-Gaona 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40898 Document: 00513471918 Page: 2 Date Filed: 04/20/2016 No. 15-40898 remuneration or commercial activity. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2