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UNITED STATES of America, Plaintiff-Appellee v. Gabriel PLASCENCIA-ACOSTA, also known as Jose Maro Sanchez, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2015-06-16No. No. 15-40066
607 F. App'x 419

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Opinion

majority opinion

PER CURIAM:

Appealing the judgment in a criminal case, Gabriel Plascencia-Acosta raises an argument that he concedes is foreclosed by United States v. Martinez-Lugo, 782 F.3d 198, 204-05 (5th Cir.2015). In Martinez-Lugo, 782 F.3d at 204-05, we held that an enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(i) for a prior conviction of a drug trafficking offense is warranted regardless whether the conviction for the prior offense required proof of remuneration or commercial activity. Accordingly, Plascencia-Acosta’s unopposed 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.