United States v. Rodriguez-Garza

Case: 25-40488 Document: 50-1 Page: 1 Date Filed: 07/16/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-40488 Summary Calendar FILED ____________ July 16, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Jesus Rodriguez-Garza, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 7:24-CR-1879-1 ______________________________ Before Smith, Southwick, and Oldham, Circuit Judges.

Per Curiam: * Jesus Rodriguez-Garza appeals the 42-month sentence imposed following his guilty plea conviction for conspiring to transport aliens within the United States. Rodriguez-Garza now challenges the district court’s decision to apply a two-level enhancement pursuant to U.S.S.G.

§ 2L1.1(b)(5)(C) based on his coconspirator’s possession of a dangerous Case: 25-40488 Document: 50-1 Page: 2 Date Filed: 07/16/2026

No. 25-40488 weapon. Specifically, he contends that there was insufficient evidence to support the enhancement and that his coconspirator’s possession of the dangerous weapon did not constitute relevant conduct.

Under § 2L1.1(b)(5)(C), a defendant’s base offense level should be increased by two levels “[i]f a dangerous weapon (including a firearm) was possessed.” U.S.S.G. § 2L1.1(b)(5)(C). The record supports that there was sufficient evidence that Rodriguez-Garza’s coconspirator possessed a firearm and that it constituted relevant conduct for purposes of U.S.S.G.

§ 1B1.3(a)(1)(B). Therefore, the district court did not clearly err when it enhanced Rodriguez-Garza’s offense level pursuant to § 2L1.1(b)(5)(C). See United States v. Trujillo, 502 F.3d 353, 356 (5th Cir. 2007).

AFFIRMED.