USA v. Vincente Palacios-Pascacio


UNPUBLISHED OPINION FILED. [13-41355 Affirmed ] Judge: CDK , Judge: EGJ , Judge: CH Mandate pull date is 08/06/2015 for Appellant Vincente Palacios-Pascacio [13-41355]

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Case: 13-41355 Document: 00513118363 Page: 1 Date Filed: 07/16/2015 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-41355 Summary Calendar July 16, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. VINCENTE PALACIOS-PASCACIO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13-CR-1196-1 Before KING, JOLLY, and HAYNES, Circuit Judges. PER CURIAM: * Vincente Palacios-Pascacio (Palacios) appeals the 46-month sentence imposed following his guilty-plea conviction for illegal reentry. He challenges the district court’s 16-level enhancement to his offense level under U.S.S.G. § 2L1.2(b)(1)(A)(i) for his 2010 Georgia conviction for possession with the intent to distribute a controlled substance in light of Moncrieffe v. Holder, 133 S. Ct. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-41355 Document: 00513118363 Page: 2 Date Filed: 07/16/2015 No. 13-41355 1678 (2013). This argument is now foreclosed by our recent decision in United States v. Martinez-Lugo, 782 F.3d 198, 205 (5th Cir. 2015). AFFIRMED. 2

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