USA v. Marco Ortiz-Varela

Filing

UNPUBLISHED OPINION FILED. [14-51188 Affirmed 14-51191 Affirmed ] Judge: EGJ , Judge: JEG , Judge: GJC Mandate pull date is 09/08/2015 for Appellant Marco Antonio Ortiz-Varela; granting motion for summary affirmance filed by Appellee USA [7890080-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [7890080-3] [14-51188, 14-51191]

Case: 14-51188

Document: 00513159763

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. 14-51188
c/w No. 14-51191
Conference Calendar

FILED
August 18, 2015
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MARCO ANTONIO ORTIZ-VARELA,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 4:14-CR-535-1
USDC No. 4:14-CR-376-1
Before JOLLY, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgments in criminal cases, Marco Antonio Ortiz-Varela
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, 792 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-51188

Document: 00513159763

Page: 2

Date Filed: 08/18/2015

No. 14-51188
c/w No. 14-51191
offense is warranted regardless whether the conviction for the prior offense
required proof of remuneration or commercial activity.
The motion for summary affirmance is GRANTED, the alternative
motion for an extension of time to file a brief is DENIED, and the judgments
of the district court are AFFIRMED.

2