United States v. Jose Espinoza-Mendoza ( 2018 )

Case: 18-40107 Document: 00514704898 Page: 1 Date Filed: 10/31/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 18-40107
Fifth Circuit
FILED
Summary Calendar October 31, 2018
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
JOSE JORGE ESPINOZA-MENDOZA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:17-CR-1281-1
Before JOLLY, COSTA, and HO, Circuit Judges.
PER CURIAM: *
Jose Jorge Espinoza-Mendoza appeals the 71-month sentence he
received following his guilty-plea conviction for conspiracy to harbor
undocumented aliens in violation of 8 U.S.C. § 1324. Espinoza-Mendoza
argues that the district court erred by enhancing his sentence pursuant to
U.S.S.G. § 2L1.1(b)(6) based on a finding that his offense involved a substantial
risk of bodily injury.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-40107 Document: 00514704898 Page: 2 Date Filed: 10/31/2018
No. 18-40107
This court reviews a district court’s interpretation and application of the
Guidelines de novo and the district court’s fact findings relative to the
§ 2L1.1(b)(6) enhancement for clear error. United States v. Mateo Garza, 541
F.3d 290, 293 (5th Cir. 2008). The transportation of aliens in the trunk of a
vehicle is specifically listed in the comments to § 2L1.1(b)(6) as the type of
conduct contemplated by the Sentencing Commission in drafting the guideline
provision to be “reckless conduct.” § 2L1.1, comment. (n.3); see Mateo Garza,
541 F.3d at 293-94 (observing that transporting persons in a trunk or engine
compartment of a vehicle per se creates a substantial risk of serious bodily
injury or death because those areas are not designed to hold human
passengers). Accordingly, the district court did not err by enhancing Espinoza-
Mendoza’s sentence based on its finding that he was responsible for the
transportation of aliens in the trunk of at least one vehicle.
Accordingly, the judgment of the district court is AFFIRMED.
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