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United States v. Rafael Esquivel-Castaneda

Court of Appeals for the Ninth Circuit · 13-50246 · 2013-12-06 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Rafael ESQUIVEL-CASTANEDA, Defendant-Appellant

Area
other
Panel
William C. Canby, Jr. (author), Thomas, Stephen S. Trott

Analysis

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Opinion

FILED NOT FOR PUBLICATION DEC 06 2013

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-50246 Plaintiff - Appellee, D.C. No. 3:12-cr-05197-LAB v. MEMORANDUM* RAFAEL ESQUIVEL-CASTANEDA, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges.

Rafael Esquivel-Castaneda appeals from the district court’s judgment and challenges the 12-month sentence imposed following his guilty-plea conviction for bringing in illegal aliens without presentation and aiding and abetting, in violation * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). of 8 U.S.C. § 1324(a)(2)(B)(iii) and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Esquivel-Castaneda contends that the district court erred by imposing a two- level increase for using a minor to commit the crime under U.S.S.G. § 3B1.4. We review for clear error. See United States v. Preciado, 506 F.3d 808, 810 (9th Cir.

2007) (per curiam). The district court did not clearly err in finding that Esquivel-Castaneda affirmatively used his children in his crime. See id. (evidence that defendant “brought children along to a previously planned crime supports a finding that the minors were used to avoid detection”).

AFFIRMED.

2 13-50246

Cites, in this corpus