USA v. Alfonso Ramirez-Garza, No. 14-41007 (5th Cir. 2015)

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Case: 14-41007 Document: 00513157982 Page: 1 Date Filed: 08/18/2015 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 14-41007 Conference Calendar August 18, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALFONSO RAMIREZ-GARZA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:14-CR-409-1 Before JOLLY, GRAVES, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Alfonso Ramirez-Garza raises an argument that is foreclosed by United States v. Martinez-Lugo, 782 F.3d 198, 204-05 (5th Cir. 2015), petition for cert. filed (June 19, 2015) (No. 1410355). In Martinez-Lugo, 782 F.3d at 204-05, we held that an enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior conviction of a drug 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-41007 Document: 00513157982 Page: 2 Date Filed: 08/18/2015 No. 14-41007 trafficking offense is warranted regardless whether the conviction for the prior offense required proof of remuneration or commercial activity. Ramirez-Garza 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 an enhancement pursuant to § 2L1.2(b)(1)(A)(i) applies to a prior conviction for the federal crime of conspiracy to commit a federal drug trafficking offense. 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

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