U.S. v. ARTURO GARCIA

No. 08-51224.

590 F.3d 308 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel ARTURO GARCIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 9, 2009.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Elizabeth Berenguer, San Antonio, TX, for U.S.

M. Carolyn Fuentes, Henry Joseph Bemporad, Fed. Pub. Defenders, San Antonio, TX, for Defendant-Appellant.

Before JOLLY, WIENER and BARKSDALE, Circuit Judges.


WIENER, Circuit Judge:

Defendant-Appellant Gabriel Arturo Garcia ("Garcia") was convicted on his plea of guilty without a plea agreement to one count of making a false statement in violation of 18 U.S.C. § 1001(a)(2). Garcia now appeals his sentence, contending that the district court erred by sentencing him pursuant to a base offense level for alien smuggling. Finding no reversible error in the district court's application and interpretation

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