USA v. Priscilla Loerwald

Filing

UNPUBLISHED OPINION FILED. [12-40476 Affirmed ] Judge: JLW , Judge: JWE , Judge: JEG Mandate pull date is 01/10/2013 for Appellant Priscilla Raby Loerwald [12-40476]

Case: 12-40476

Document: 00512090642

Page: 1

Date Filed: 12/20/2012

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 12-40476
Summary Calendar

December 20, 2012
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
PRISCILLA RABY LOERWALD,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:11-CR-1213-1

Before WIENER, ELROD, and GRAVES, Circuit Judges.
PER CURIAM:*
Priscilla Raby Loerwald appeals the 21-month sentence she received
following her guilty-plea conviction for transporting illegal aliens, in violation
of 8 U.S.C. § 1324. She argues that the district court erred by enhancing her
sentence pursuant to U.S.S.G. § 2L1.1(b)(6) based on a finding that she
intentionally or recklessly created a substantial risk of death or serious bodily
injury to the aliens by transporting them in the trunk of her vehicle.

*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Case: 12-40476

Document: 00512090642

Page: 2

Date Filed: 12/20/2012

No. 12-40476
This court reviews a district court’s interpretation of the Guidelines de
novo and reviews the district court’s fact findings relative to the § 2L1.1(b)(6)
enhancement for clear error. United States v. Rodriguez, 630 F.3d 377, 380 (5th
Cir. 2011). The transportation of aliens in the trunk of a vehicle is specifically
listed in the comments to U.S.S.G. § 2L1.1(b)(6) as the type of conduct
contemplated by the Sentencing Commission in drafting the guideline provision.
§ 2L1.1, comment. (n.5). The district court thus did not err by enhancing
Loerwald’s sentence.
AFFIRMED.

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