United States v. Tian ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20082
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GUANGQIU TIAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-352-2
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December 12, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Guangqiu Tian appeals his sentence following his conviction
for participating in a conspiracy involving the transportation
and harboring of aliens. Tian argues that there was insufficient
evidence allowing the district court to hold him accountable for
the number of aliens transported by other drivers within the
conspiracy and that his offense level should not have been
increased by three under U.S.S.G. § 2L1.1(b)(2)(A).
We review the district court’s application of the Sentencing
Guidelines de novo and its findings of facts for clear error.
*
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that this opinion should not be published and is not precedent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. 01-20082
-2-
United States v. Claiborne, 132 F.3d 253, 254 (5th Cir. 1998).
A factual finding is not clearly erroneous if it is plausible in
light of the record read as a whole. United States v. Watson,
966 F.2d 161, 162 (5th Cir. 1992). Our review of the record
reveals that there was sufficient support for the district
court’s determination that Tian was accountable for the
transportation and harboring of at least six aliens and that the
three level enhancement under U.S.S.G. § 2L1.1(b)(2)(A) was not
clear error.
AFFIRMED.