USA v. Gabriel Garcia-Gaona, No. 14-41207 (5th Cir. 2015)

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Case: 14-41207 Document: 00513241762 Page: 1 Date Filed: 10/22/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-41207 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 22, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. GABRIEL GARCIA-GAONA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-643-1 Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Gabriel Garcia-Gaona raises an argument that is foreclosed by our holding in United States v. MartinezLugo, 782 F.3d 198, 204-05 (5th Cir. 2015), petition for cert. filed (June 19, 2015) (No. 14-10355), that an enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior conviction of a drug trafficking offense is warranted regardless 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-41207 Document: 00513241762 Page: 2 Date Filed: 10/22/2015 No. 14-41207 whether the conviction for the prior offense required proof of remuneration or commercial activity. Accordingly, the Government’s unopposed 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

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