United States v. Medina-Argueta

*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not be published and is not precedent except under the limited circumstances set forth in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.
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United States Court of Appeals
Fifth Circuit
F I L E D
August 30, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-50866
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE DIMAS MEDINA-ARGUETA, also
know as Jose Dimas Medina,
Defendant-Appellant.
Appeal from the United States District Court for
the Western District of Texas
(USDC No. 1:04-CR-169-1)
_________________________________________________________
Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jose Dimas Medina-Argueta pleaded guilty to harboring illegal aliens and
conspiring to harbor illegal aliens. He appeals his sentence arguing that the district court

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erred in applying the “vulnerable victim” enhancement under United States Sentencing
Guidelines § 3A1.1(b)(1). We agree that the district court erred in applying the
enhancement. United States v. Medina-Argueta, – F.3d –, 2006 WL 1752145, at *3 (5th
Cir. June 27, 2006). However, Medina-Argueta’s sentence falls within a properly
calculated guideline range, and thus, his sentence remains presumptively reasonable. Id.
at *4. Because Medina-Argueta does not contend that his sentence is unreasonable based
on the factors set forth in 18 U.S.C. § 3553(a), we affirm his sentence.
AFFIRMED.

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