United States v. J. Garcia-Jasso

Case: 14-40180 Document: 00513103586 Page: 1 Date Filed: 07/02/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 14-40180
Fifth Circuit
FILED
Summary Calendar July 2, 2015
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
J. CONSEPCION GARCIA-JASSO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:13-CR-1747
Before KING, JOLLY, and HAYNES, Circuit Judges.
PER CURIAM: *
J. Consepcion Garcia-Jasso appeals his sentence for illegal reentry. He
contends that the district court erred by imposing a 16-level drug trafficking
enhancement under U.S.S.G. § 2L1.2 for his 1991 Texas offense of aggravated
delivery of a controlled substance. He argues that the offense did not warrant
the enhancement because the term “drug trafficking offense” in § 2L1.2
requires remuneration, which is not an element under Texas Health and
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40180 Document: 00513103586 Page: 2 Date Filed: 07/02/2015
No. 14-40180
Safety Code § 481.112(a) and (c) (1991). De novo review applies to his
preserved objection. See United States v. Reyes-Mendoza, 665 F.3d 165, 166
(5th Cir. 2011).
We recently rejected the argument that an offense must require
remuneration to qualify as a drug trafficking offense under § 2L1.2. United
States v. Martinez-Lugo, 782 F.3d 198, 201-05 (5th Cir. 2015). Accordingly, the
judgment of the district court is AFFIRMED.
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