USA v. Mario Medina

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USA v. Mario Medina

Doc. 0

Case: 09-40833

Document: 00511179597

Page: 1

Date Filed: 07/20/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-40833 S u m m a r y Calendar July 20, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. M A R I O MENDOZA MEDINA, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Southern District of Texas U S D C No. 7:08-CR-1552-1

B e fo r e GARZA, CLEMENT, and OWEN, Circuit Judges. P E R CURIAM:* M a r io Mendoza Medina was convicted by guilty plea for conspiracy to h a r b o r aliens within the United States and was sentenced to 24 months of i m p r is o n m e n t and two years of supervised release. He appeals from that

s e n te n c e and argues that the district court erred by applying U.S.S.G. § 2L1.1(b)(5)(B) for brandishing a dangerous weapon. He contends that there w a s no evidence that he personally brandished a weapon and that the a d ju s tm e n t cannot be applied through relevant conduct because the district
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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Case: 09-40833

Document: 00511179597 Page: 2 No. 09-40833

Date Filed: 07/20/2010

c o u r t failed to make a separate finding as to the scope of his agreement in the c o n s p ir a c y . B y adopting the presentence report ("PSR"), the district court made im p lic it findings based on the PSR's factual findings. See United States v. C a r r e o n , 11 F.3d 1225, 1231 (5th Cir. 1994). Therefore, the district court did not e r r by applying § 2L1.1(b)(5)(B) to Medina's sentence on the basis of relevant c o n d u c t . See United States v. Williams, 520 F.3d 414, 422 (5th Cir. 2008). A c c o r d in g ly , the judgment of the district court is AFFIRMED.

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