United States v. Juan Serna ( 2020 )

Case: 20-40106 Document: 00515595676 Page: 1 Date Filed: 10/08/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
October 8, 2020
No. 20-40106
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Juan Jose Serna,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:18-CR-1578-1
Before Higginbotham, Jones, and Costa, Circuit Judges.
Per Curiam:*
Juan Jose Serna appeals from his 37-month sentence of imprisonment
following his guilty plea conviction for bulk cash smuggling. He argues that
the district court erred by attributing to him as relevant conduct the amount
of cash seized from his codefendant, Reynaldo Del Castillo. According to
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-40106 Document: 00515595676 Page: 2 Date Filed: 10/08/2020
No. 20-40106
Serna, there was insufficient reliable evidence linking him to Del Castillo’s
cash shipment to support the district court’s finding.
We review the district court’s interpretation and application of the
Guidelines de novo and the district court’s factual findings for clear error.
United States v. Barfield, 941 F.3d 757, 761 (5th Cir. 2019), cert. denied, 140 S.
Ct. 1282 (2020). In Serna’s presentence report (PSR), the probation officer
compiled information—derived from investigative reports and interviews
with law enforcement agents—showing that Serna and Del Castillo had been
running a drug trafficking ring together and that both cash shipments were
part of those trafficking operations. Moreover, at the time Del Castillo was
found in possession of the $762,870 seized by law enforcement, he was
driving a tractor-trailer registered in Serna’s name. Serna did not present
rebuttal evidence or otherwise demonstrate that the information in the PSR
was unreliable; thus, the district court was free to adopt that information
without further inquiry. See United States v. Trujillo, 502 F.3d 353, 357 (5th
Cir. 2007). Because the district court’s factual finding that Serna was
accountable for Del Castillo’s cash shipment as relevant conduct is plausible
in light of the record as a whole, Serna cannot show clear error. See Barfield,
941 F.3d at 761.
Accordingly, the district court’s judgment is AFFIRMED.
2