Filed: Oct. 22, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 15-40102 Document: 00513242575 Page: 1 Date Filed: 10/22/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40102 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 22, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ABRAHAM ORTEGA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-1587-1 Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges. PER
Summary: Case: 15-40102 Document: 00513242575 Page: 1 Date Filed: 10/22/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40102 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 22, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ABRAHAM ORTEGA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-1587-1 Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges. PER ..
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Case: 15-40102 Document: 00513242575 Page: 1 Date Filed: 10/22/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40102
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 22, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ABRAHAM ORTEGA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-1587-1
Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Abraham Ortega raises
arguments that are foreclosed by United States v. Martinez-Lugo,
782 F.3d 198,
204-05 (5th Cir. 2015), petition for cert. filed (June 19, 2015) (No. 14-10355), in
which this court held that an enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i)
for a prior felony conviction that is a drug trafficking offense is warranted
regardless whether the prior conviction required proof of remuneration or
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40102 Document: 00513242575 Page: 2 Date Filed: 10/22/2015
No. 15-40102
commercial activity, and United States v. Rodriguez-Escareno,
700 F.3d 751,
753-54 (5th Cir. 2012), in which this court held that a federal conviction for
conspiracy to commit a drug trafficking offense qualifies for the
§ 2L1.2(b)(1)(A)(i) enhancement. Accordingly, the motion for summary
disposition is GRANTED, and the judgment of the district court is AFFIRMED.
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