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UNITED STATES of America, Plaintiff-Appellee v. Felix Francisco BANEGAS-VERONES, also known as Francisco Felipe Banega-Berone, also known as Felix Francisco Vanega-Berone, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2016-02-17No. No. 15-40843
634 F. App'x 455

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Opinion

majority opinion

PER CURIAM:

Appealing the judgment in a criminal case, Felix Francisco Banegas-Verones raises an argument that is foreclosed by United States v. Martinez-Lugo, 782 F.3d 198, 204-05 (5th Cir.), cert. denied, — U.S.-, 136 S.Ct. 533, 193 L.Ed.2d 426 (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 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.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.