United States v. Ignacio Guttierez-Vergara

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-13733 ELEVENTH CIRCUIT
Non-Argument Calendar APRIL 29, 2011
________________________ JOHN LEY
CLERK
D.C. Docket No. 6:10-cr-00033-ACC-GJK-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
IGNACIO GUTTIEREZ-VERGARA,
a.k.a. Ignacio Gutierrez,
a.k.a. Tomas Aguirre,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(April 29, 2011)
Before PRYOR, MARTIN and FAY, Circuit Judges.
PER CURIAM:
Ignacio Guttierez-Vergara appeals his sentence of 24 months of
imprisonment for reentering the United States illegally. 8 U.S.C. § 1326(a),
(b)(1). Guttierez-Vergara argues that the district court erred by enhancing his
sentence for having committed an “alien smuggling offense” because he
transported an alien within, instead of into, the United States. We affirm.
The district court did not err by enhancing Guttierez-Vergara’s sentence. A
defendant is subject to a 16-level enhancement of his sentence if he has been
deported from the United States previously after committing an “alien smuggling
offense.” United States Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(vii)
(2008). The commentary to section 2L1.2 defines the term “alien smuggling
offense” as having “the meaning given that term in section 101(a)(43)(N) of the
Immigration and Nationality Act (8 U.S.C. § 1101(a)(43)(N)),” id. cmt. n.1(B)(i),
and the Act defines an “alien smuggling offense” as “an offense described in
paragraph (1)(A) . . . of section [1324(a)] (relating to alien smuggling),” 8 U.S.C.
§ 1101(a)(43)(N). Section 1324 prohibits a person from “transport[ing], or
mov[ing] or attempt[ing] to transport or move [an] alien within the United States
by means of transportation or otherwise.” Id. § 1324(a)(1)(A). Gutierrez-
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Vergara’s conviction in 1995 for transporting an illegal alien “within the United
States” constituted an “alien smuggling offense.”
We AFFIRM Gutierrez-Vergara’s sentence.
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