USA v. Marcelino Martinez-Rubio, No. 14-41113 (5th Cir. 2015)

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Case: 14-41113 Document: 00513158654 Page: 1 Date Filed: 08/18/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-41113 Conference Calendar FILED August 18, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARCELINO MARTINEZ-RUBIO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-734-1 Before JOLLY, GRAVES, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Marcelino Martinez-Rubio 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, we held that an enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior conviction of a drug trafficking offense is 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-41113 Document: 00513158654 Page: 2 Date Filed: 08/18/2015 No. 14-41113 warranted regardless whether the conviction for the prior offense required proof of remuneration or commercial activity. Martinez-Rubio 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 the sentence enhancement provided for in § 2L1.2(b)(1)(A)(i) applies to a 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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