USA vs. Ruiz, (5th Cir. 2002)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 01-40621 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUAN CARLOS RUIZ, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. M-00-CR-578-3 May 8, 2002 Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM: * Juan Carlos Ruiz appeals from a guilty-plea conviction for smuggling an illegal alien in the United States in violation of 8 U.S.C. § 1324(a). Ruiz argues that the district court erred in adding eight levels to his base offense level for a death that occurred during the course of the offense. See U.S.S.G. § 2L1.1(b)(6)(4). We review the district courtÂ’s application of the Sentencing Guidelines de novo and findings of fact for clear error. See United States v. Paul , 274 F.3d 155, 161 (5th Cir. 2001). The record in RuizÂ’s case establishes by a preponderance of the evidence that the eight-level increase was justified. See id. at 164. Accordingly, the judgment and sentence of the district court is AFFIRMED.
No. 01-40621
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee v. Ronald Scott Paul, Defendant-Appellant, 274 F.3d 155 (5th Cir. 2001)
- U.S. Code - Title 8: Aliens and Nationality - 8 USC 1324 - Sec. 1324. Bringing in and harboring certain aliens
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