United States v. Barahona-Reyes
United States v. Barahona-Reyes
Opinion
Wilmer Barahona-Reyes (Barahona) appeals the sentence imposed following his guilty-plea conviction of aiding and abetting conspiracy to smuggle, transport, and harbor aliens, and aiding and abetting harboring illegal aliens for financial gain. Barahona argues that the district court clearly erred by imposing a two-level upward adjustment pursuant to U.S.S.G. § 3B 1.1(c) when calculating the advisory guidelines range. He contends that the *538 evidence before the district court shows that his role in the offense was equal to that of his co-defendants and does not establish that he supervised or managed their actions.
We agree that the evidence before the district court does not establish Barahona’s management or supervision of other participants in the offense as required to apply the enhancement in § 3Bl.l(c). See United States v. Jobe, 101 F.3d 1046, 1068 (5th Cir. 1996). Accordingly, we VACATE Barahona’s sentence and REMAND to the district court for resentencing. See United States v. Duhon, 440 F.3d 711, 716 (5th Cir. 2006).
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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-law data current through December 31, 2025. Source: CourtListener bulk data.