USA v. Pedro Sanchez-Alba, No. 15-41128 (5th Cir. 2016)

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Case: 15-41128 Document: 00513472038 Page: 1 Date Filed: 04/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41128 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 20, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. PEDRO SANCHEZ-ALBA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-565-1 Before REAVLEY, ELROD, and HAYNES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Pedro Sanchez-Alba raises an argument that is foreclosed by United States v. Martinez-Lugo, 782 F.3d 198, 204-05 (5th Cir.), cert. denied, 136 S. Ct. 533 (2015). In Martinez-Lugo, 782 F.3d at 204-05, we 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 warranted regardless whether the conviction for the prior offense required proof of remuneration or commercial activity. Accordingly, the motion for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-41128 Document: 00513472038 Page: 2 Date Filed: 04/20/2016 No. 15-41128 summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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