USA v. Vincente Palacios-Pascacio

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.

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