United States v. Villanueva-Alvarado, 291 F. App'x 683 (5th Cir. 2008). · Go Syfert
United States v. Villanueva-Alvarado, 291 F. App'x 683 (5th Cir. 2008). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Cited for
At page 684 cited at this page1 citing case
  • United States v. Ivan Cabrera, 600 F. App'x 279 (5th Cir. 2015).unpublished
    See United States v. Villanueva-Alvarado, 291 Fed.Appx. 683, 684 (5th Cir.2008).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee
v.
Ana VILLANUEVA-ALVARADO, Defendant-Appellant
08-20035.
Court of Appeals for the Fifth Circuit.
Sep 10, 2008.
Unpublished opinion
291 F. App'x 683
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee., Gus A. Saper, Mallett Guiberson Saper, Houston, TX, for Defendant-Appellant.
Reavley, Davis, Elrod.
Cited by 1 opinion  |  Unpublished
PER CURIAM: *

Ana Villanueva-Alvarado appeals the sentence imposed following her guilty-plea conviction for conspiracy to transport and harbor undocumented aliens for the purpose of financial gain in violation of 8 U.S.C. § 1324(a)(1)(A) and (B). She argues that the district court clearly erred in enhancing her offense level pursuant to U.S.S.G. § 2L1.1(b)(5)(B) because one of her co-conspirators brandished a weapon during the offense. She argues that she was unaware that any of her co-conspirators possessed a weapon and that it was not foreseeable to her that one of them would brandish a weapon during the offense.

We review the district court’s application of the Sentencing Guidelines de novo and its findings of fact for clear error. See United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir.2008); United States v. Charon, 442 F.3d 881, 887 (5th Cir.), cert denied, 549 U.S. 915, 127 S.Ct. 260, 166 L.Ed.2d 202 (2006). Although there was no direct evidence that Villanueva-Alvarado knew one of her co-conspirators possessed and brandished a weapon during the course of the offense, the evidence supported the distinct court’s finding that the brandishing of a weapon by one of her co-conspirators was reasonably foreseeable to her. Accordingly, the district court did not clearly err when it enhanced Villanueva-Alvarado’s offense level pursuant to § 2Ll.l(b)(5)(B). Moreover, because Villanueva-Alvarado was sentenced within the recommended guidelines range, her sentence is presumptively reasonable. See Gall v. United States, — U.S.-, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007); United States v. Alonzo, 435 F.3d 551, 554 (5th Cir.2006). The district court’s judgment is 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.