United States v. Guzman
United States v. Guzman
Opinion of the Court
Jacob C. Guzman, a prison guard at the Reeves County Detention Center, accepted
Guzman first challenges the four-level enhancement under Apprendi v. Neiu Jersey;
Turning to the enhancement, we find the district court did not err. Guzman concedes that he is a public official, contending only that, as a low-level prison guard, he does not qualify as an official in a high-level decision-making or sensitive position. The district court based its decision to apply the four-level enhancement on its finding that Guzman had “substantial influence over the decision-making process ... and day-to-day management and safety of the facility,” and that prison guards are the source of all disciplinary reports used to determine, among other things, forfeiture of visitation, good time, and commissary privileges. The district court also noted that corruption by prison staff has had dire effects, including rioting by inmates that risked the safety of inmates and staff.
The commentary to § 2C1.1 defines a high-level decision-making or sensitive position as “a position characterized by a direct authority to make decisions for, or on behalf of, a government department, agency, or other government entity, or by a substantial influence over the decision-making process,” and includes as examples the position of “law enforcement officer” and “any other similarly situated position.”
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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under
. See United States v. Gonzalez-Terrazas, 529 F.3d 293, 296 (5th Cir. 2008); United States v. Villegas, 404 F.3d 355, 358-59 (5th Cir. 2005).
. 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)
. Notably, the commentary was amended in 2004 to suggest officers need not be in a supervisory position to be considered "sensitive." The amendment replaced the example "supervisory law enforcement officers” with the current "law enforcement officers." See U.S.S.G. Amend. 666 (effective Nov. 1, 2004).
.See United States v. Snell, 152 F.3d 345, 348 (5th Cir. 1998) (affirming the sentence enhancement of a juror as an official in a high-level decision-making or sensitive position); see also United States v. Merker, 334 Fed.Appx. 953, 966 (11th Cir. 2009) (per curiam) (unpublished) (holding a Customs and Border Patrol agent qualified as an official in a sensitive position).
Reference
- Full Case Name
- United States v. Jacob C. GUZMAN
- Cited By
- 6 cases
- Status
- Published