USA v. Raul Santana-Garcia, No. 15-51216 (5th Cir. 2016)

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Case: 15-51216 Document: 00513721896 Page: 1 Date Filed: 10/18/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-51216 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 18, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. RAUL SANTANA-GARCIA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:15-CR-92-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Raul Santana-Garcia 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-51216 Document: 00513721896 Page: 2 Date Filed: 10/18/2016 No. 15-51216 proof of remuneration or commercial activity. Accordingly, the Government’s 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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