Case: 15-51013 Document: 00513537860 Page: 1 Date Filed: 06/07/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 15-51013 June 7, 2016
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
RAMIRO AGUILAR-AGUILAR, Also Known as Martin Morales-Orozco,
Defendant–Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:15-CR-742-1
Before REAVLEY, SMITH, and HAYNES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Ramiro Aguilar-
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-51013 Document: 00513537860 Page: 2 Date Filed: 06/07/2016
No. 15-51013
Aguilar has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632
F.3d 229 (5th Cir. 2011). Aguilar-Aguilar has filed a response.
We have reviewed counsel’s brief, relevant portions of the record
reflected therein, and Aguilar-Aguilar’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
In his response, Aguilar-Aguilar challenges, inter alia, the drug-trafficking
enhancement; he maintains that his New Mexico conviction of possession with
intent to deliver does not qualify as a drug-trafficking offense under U.S.S.G.
§ 2L1.2 because it does not require remuneration. That contention is fore-
closed, see United States v. Martinez-Lugo, 782 F.3d 198, 205 (5th Cir.), cert.
denied, 136 S. Ct. 533 (2015), but by raising the issue, Aguilar-Aguilar has
preserved it for further review.
The motion for leave to withdraw is GRANTED, counsel is excused from
further responsibilities herein, and the appeal is DISMISSED. See 5TH CIR.
R. 42.2.
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