UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-20227 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LEONCIO CASTILLO,

Defendant-Appellant.

________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas (H-00-CR-766-1) ________________________________________________________________ October 31, 2002

Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Leoncio Castillo appeals his bench trial conviction for

inducing aliens to come, enter, or reside in the United States.

Castillo contends jurisdiction in the district court was obtained

improperly because it should only have been exerted over him

pursuant to an extradition treaty. He concedes, however, that this

contention is foreclosed by United States v. Alvarez-Machain, 504

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. U.S. 655 (1992). He presents the issue solely to preserve it for

further review by the Supreme Court.

Castillo also contends the evidence was insufficient to adjust

his sentence for being a “leader” under U.S.S.G. § 3B1.1. This

court reviews that determination only for clear error. E.g.,

United States v. Miranda,

(5th Cir. 2001), cert.

denied,

(2002). The district court did not clearly

err in determining that Castillo was an organizer or leader of

criminal activity involving five or more participants. See

U.S.S.G. § 3B1.1(a). Castillo personally planned, organized, and

participated in the offense, making the arrangements with the

aliens while they were still in Costa Rica and personally taking

them across the border from Honduras to Guatemala. Although

Castillo presented evidence that he did not own property in

Nicaragua, there was unrebutted evidence suggesting that property

owned by him in Honduras was used in the offense; and the district

court was free to disregard the unsworn assertions that the

presentence report was unreliable regarding Castillo’s identity.

See United States v. Cabrera,

, 175 n.13 (5th Cir.

2002); United States v. Ayala,

(5th Cir. 1995).

AFFIRMED

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