United States v. Chacon

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 3, 2007
No. 06-51658
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
GUSTAVO CHACON
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:06-CR-544-ALL
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Gustavo Chacon, who pleaded guilty to one count of bulk cash smuggling,
in violation of 31 U.S.C. § 5332, appeals his sentence. Chacon argues that the
district court’s application of U.S.S.G. § 2S1.3(b)(1)(B) (2006), in addition to
determining the base offense level based on the value of the funds, constituted
impermissible double counting.
*
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should not be published and is not precedent except under the limited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. 06-51658
Section § 2S1.3 applies to several monetary-reporting related offenses,
including bulk cash smuggling. See § 2S1.3; U.S.S.G. App. A (Statutory Index).
It does not prohibit, but requires, application of both the offense level increase
based on the value of the funds and the specific-offense-characteristic increase
because the offense involved bulk cash smuggling. There was no impermissible
double counting. See United States v. Simmons, 470 F.3d 1115, 1128-29 (5th Cir.
2006), cert. denied, 127 S. Ct. 3002 (2007).
Chacon’s grouping argument lacks merit. Because Chacon was convicted
on only one count, there was nothing to group, and U.S.S.G. § 3D1.2 is
inapplicable. See U.S.S.G. § 3D1.1(a).
AFFIRMED.
2