United States v. Reynoso-Ortiz

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41048
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTURO REYNOSO-ORTIZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-98-CR-417-1
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July 23, 1999
Before HIGGINBOTHAM, JONES, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Arturo Reynoso-Ortiz appeals the sentence imposed by the
district court after he pleaded guilty to illegally transporting
aliens within the United States. He argues that the district
court erred by declining to award him a three-level reduction
pursuant to U.S.S.G. § 2L1.1(b)(1) because he committed the
offense in return for his own transportation into the U.S. and
thus “other than for profit.” Reynoso-Ortiz bears the burden of
proof to show the lack of any profit motive. See United States
v. Cuellar-Flores, 891 F.2d 92, 93 (5th Cir. 1989).
*
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that this opinion should not be published and is not precedent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. 98-41048
-2-
The district court concluded that because Reynoso-Ortiz did
not have to pay a fee of several hundred dollars in exchange for
his driving the van, the offense was not “other than for profit”
within the meaning of § 2L1.1(b)(1). Although he challenges the
district court’s interpretation of the guideline as illogical,
Reynoso-Ortiz has not met his burden of showing that he was
entitled to the reduction. See Cuellar-Flores, 891 F.2d at 93;
see also United States v. Perez-Ruiz, 169 F.3d 1075, 1076 (7th
Cir. 1999). Accordingly, the judgment of the district court is
AFFIRMED.