U.S. Court of Appeals for the Fifth Circuit, 2007

United States v. Guerrero-Hernandez

United States v. Guerrero-Hernandez
U.S. Court of Appeals for the Fifth Circuit · Decided May 7, 2007 · Jolly, Dennis, Clement
227 F. App'x 365

United States v. Guerrero-Hernandez

Opinion

PER CURIAM: *

Maricela Guerrero-Hernandez (Guerrero) appeals the sentence that she received after she pleaded guilty to transporting an undocumented alien within the United States for financial gain. Her argument that the district court violated United *366 States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), when it enhanced her sentence on facts not alleged in the indictment or admitted is meritless. See United States v. Johnson, 445 F.3d 793, 798 (5th Cir. 2006), cert. denied, — U.S.-, 126 S.Ct. 2884, 165 L.Ed.2d 908 (2006). Guerrero’s argument that the district court erred when it enhanced her sentence pursuant to U.S.S.G. § 2L1.1(b)(5) because Mendoza was in the “backseat area” of the vehicle is likewise without merit. See United States v. Zuniga-Amezquita, 468 F.3d 886, 887 (5th Cir. 2006); § 2L1.1(b)(5), comment, (n.6). Last, the district court’s sentence, which was within the guidelines range of imprisonment, was reasonable. See United States v. Mares, 402 F.3d 511, 520 (5th Cir.), cert. denied, — U.S.-, 126 S.Ct. 43, 163 L.Ed.2d 76 (2005); 18 U.S.C. § 3553(a).

. AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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