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United States v. Raul Santana-Garcia
15-51216
| 5th Cir. | Oct 18, 2016
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*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 *2 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

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Raul Santana-Garcia
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Oct 18, 2016
Docket Number: 15-51216
Court Abbreviation: 5th Cir.
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