USA v. Jose Urena-Navarro
Filing
UNPUBLISHED OPINION FILED. [14-41105 Affirmed ] Judge: EGJ , Judge: JEG , Judge: GJC Mandate pull date is 09/08/2015 for Appellant Jose Urena-Navarro; granting motion for summary affirmance filed by Appellee USA [7895482-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [7895482-3] [14-41105]
Case: 14-41105
Document: 00513158613
Page: 1
Date Filed: 08/18/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-41105
Conference Calendar
FILED
August 18, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE URENA-NAVARRO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-786-1
Before JOLLY, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jose Urena-Navarro raises
an argument that is foreclosed by United States v. Martinez-Lugo, 782 F.3d
198, 204-05 (5th Cir. 2015), petition for cert. filed (June 19, 2015) (No. 1410355). 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 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41105
Document: 00513158613
Page: 2
Date Filed: 08/18/2015
No. 14-41105
offense is warranted regardless whether the conviction for the prior offense
required proof of remuneration or commercial activity.
Urena-Navarro also raises an argument that is foreclosed by United
States v. Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), which held
that the sentence enhancement provided for in § 2L1.2(b)(1)(A)(i) applies to a
conviction for the federal crime of conspiracy to commit a federal drug
trafficking offense
Accordingly, the 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
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