United States v. Garza

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 20, 2004
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
No. 03-20662
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FERNANDO GARZA,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
(H-03-CR-0002-1)
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Fernando Garza appeals his sentence for harboring illegal
aliens and aiding and abetting in violation of 8 U.S.C.
§§ 1324(A)(1)(a)(III), 1324(A)(1)(b)(I), 1324(A)(1)(a)(V)(ii), and
18 U.S.C. § 2. Garza asserts that the district court erred in
enhancing his offense level pursuant to Sentencing Guidelines §§
2L1.1(b)(5) (creating substantial risk of death on serous bodily
injury) and 3C1.1 (obstruction of justice).

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2
This court reviews the application of the Guidelines de novo
and reviews the factual findings by the district court for clear
error. United States v. Garcia-Guerrero, 313 F.3d 892, 895 (5th
Cir. 2002). A sentence will be upheld, “unless it was imposed in
violation of law or as a result of an incorrect application of the
sentencing guidelines or it is outside the range of the applicable
guideline and is unreasonable”. Id.
The district court did not clearly err in enhancing Garza’s
offense level pursuant to U.S.S.G. §§ 2L1.1(b)(5) and 3C1.1. See
United States v. Cuyler, 298 F.3d 387, 388 (5th Cir. 2002); United
States v. O’Callaghan, 106 F.3d 1221, 1223 (5th Cir. 1997).
AFFIRMED

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