United States v. Victor Mendoza-Toledo , 610 F. App'x 418 ( 2015 )

Case: 14-40325 Document: 00513125473 Page: 1 Date Filed: 07/22/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40325
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
July 22, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee,
v.
VICTOR MANUEL MENDOZA-TOLEDO,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:13-CR-1192-1
Before PRADO, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *
Victor Manuel Mendoza-Toledo (Mendoza) appeals his 30-month
sentence for illegal reentry on the ground that the district court erred by
imposing an enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(i). As
Mendoza objected in the district court on this basis, we review the imposition
of the enhancement de novo. See United States v. Morales-Martinez, 496 F.3d
356, 357 (5th Cir. 2007). We have rejected Mendoza’s reading of Moncrieffe v.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40325 Document: 00513125473 Page: 2 Date Filed: 07/22/2015
No. 14-40325
Holder, 133 S. Ct. 1678 (2013), and his argument that a state drug conviction
need involve financial remuneration to constitute a drug trafficking offense for
purposes of § 2L1.2(b)(1)(A)(i). See United States v. Martinez-Lugo, 782 F.3d
198, 201-05 (5th Cir. 2015) (per curiam).
AFFIRMED.
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