United States v. Felix Banegas-Verones

15-40843·Judge: Davis, Smith, Prado·Attorney: Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Scott Andrew Martin, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.0 citations

Opinions

Case: 15-40843 Document: 00513383832 Page: 1 Date Filed: 02/17/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15-40843 Conference Calendar United States Court of Appeals Fifth Circuit

FILED February 17, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee

FELIX FRANCISCO BANEGAS-VERONES, also known as Francisco Felipe Banega-Berone, also known as Felix Francisco Vanega-Berone,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-74-1

Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Felix Francisco BanegasVerones raises an argument that is foreclosed by United States v. MartinezLugo, 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40843 Document: 00513383832 Page: 2 Date Filed: 02/17/2016

No. 15-40843

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.