Narrative Opinion Summary
Raul Santana-Garcia's appeal in a criminal case is denied based on precedent established in United States v. Martinez-Lugo. The court reaffirms that an enhancement under U.S.S.G. 2L1.2(b)(1)(A)(i) for prior felony drug trafficking convictions is valid regardless of whether the prior conviction involved proof of remuneration or commercial activity. The Government's motion for summary affirmance is granted, while the request for an extension to file a brief is denied. The district court's judgment is affirmed, and the opinion is deemed non-publishable and not precedential, except under specific circumstances outlined in 5th Cir. R. 47.5.4.
Legal Issues Addressed
Non-Publishable and Non-Precedential Opinionsubscribe to see similar legal issues
Application: The court's decision in this case is non-publishable and not considered precedential, except under specific circumstances as outlined in the court rules.
Reasoning: The opinion is deemed non-publishable and not precedential, except under specific circumstances outlined in 5th Cir. R. 47.5.4.
Sentencing Enhancement under U.S.S.G. 2L1.2(b)(1)(A)(i)subscribe to see similar legal issues
Application: The court applied a sentencing enhancement for Raul Santana-Garcia based on his prior felony drug trafficking conviction, affirming that such enhancement is valid even if the prior conviction did not involve proof of remuneration or commercial activity.
Reasoning: The court reaffirms that an enhancement under U.S.S.G. 2L1.2(b)(1)(A)(i) for prior felony drug trafficking convictions is valid regardless of whether the prior conviction involved proof of remuneration or commercial activity.
Summary Affirmancesubscribe to see similar legal issues
Application: The Government's motion for summary affirmance in the appeal of Raul Santana-Garcia's criminal case is granted by the court, affirming the lower court's decision without need for further argument.
Reasoning: The Government's motion for summary affirmance is granted, while the request for an extension to file a brief is denied.