USA v. Herminio Velasquez-Lopez, No. 15-40444 (5th Cir. 2015)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40444 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 15, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. HERMINIO VELASQUEZ-LOPEZ, true name Manuel Gilberto GarciaMorales, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:14-CR-518-1 Before JONES, SOUTHWICK, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Herminio Velasquez-Lopez raises an argument that is foreclosed by United States v. Martinez-Lugo, 782 F.3d 198, 204-05 (5th Cir. 2015), cert. denied, 2015 WL 3867557 (Nov. 30, 2015) (No. 14-10355), in which this court 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * No. 15-40444 warranted regardless whether the prior conviction required proof of remuneration or commercial activity. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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