United States v. Baltazar-Gonzalez , 73 F. App'x 754 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 26, 2003
Charles R. Fulbruge III
Clerk
No. 03-20012
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ENRIQUE BALTAZAR-GONZALEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-323-1
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Enrique Baltazar-Gonzalez, who pleaded guilty to the
transportation of illegal aliens, appeals the increase of his
offense level under U.S.S.G. § 2L1.1(b)(5). Baltazar’s offense
involved him driving a car with one alien riding in the front
passenger seat, three aliens riding in the back seat, and two
aliens riding in the trunk. Although the vehicle’s back seat
could be folded down to allow more room in the trunk, the
district court’s determination that the aliens in the trunk would
*
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that this opinion should not be published and is not precedent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.
No. 03-20012
-2-
not have been able to fold down the back seat, on which three
passengers sat, was not clear error.
We uphold the application of U.S.S.G. § 2L1.1(b)(5) to
Baltazar’s case. See U.S.S.G. § 2L1.1, comment. (n.6); United
States v. Garcia-Guerrero, 313 F.3d 892, 895 (5th Cir. 2002);
United States v. Cuyler, 298 F.3d 387, 390-91 (5th Cir. 2002).
AFFIRMED.