United States v. Alfonso Perez-Valdez, 182 F.3d 331 (5th Cir. 1999). · Go Syfert
United States v. Alfonso Perez-Valdez, 182 F.3d 331 (5th Cir. 1999). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: United States v. Oscar Hilton-Romero (ca5, 2011-06-09)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" United States v. Oscar Hilton-Romero
5th Cir. · 2011 · signal: see · confidence high
See United States v. Perez-Valdez, 182 F.3d 331, 332 (5th Cir.1999); United States v. Allende-Garcia, 407 Fed.Appx. 829, 835 (5th Cir.2011); United States v. Smarr, 207 Fed.Appx. 499, 500 (5th Cir.2006).
cited Cited "see" United States v. Martinez
5th Cir. · 2000 · signal: see · confidence high
See United States v. Perez-Valdez, 182 F.3d 331, 332 (5th Cir. 1999).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Alfonso PEREZ-VALDEZ, Defendant-Appellant
98-50927.
Court of Appeals for the Fifth Circuit.
Jul 22, 1999.
182 F.3d 331
1999 U.S. App. LEXIS 16867
1999 WL 521139
Joseph H. Gay, Jr., U.S. Atty., Mark Randolph Stelmach, Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee., Philip J. Lynch, San Antonio, TX, for Defendant-Appellant.
Davis, Duhé, Parker.
Cited by 3 opinions  |  Published
PER CURIAM:

Appellant, Alfonso Perez-Valdez (“Perez”), appeals his conviction on two counts of bringing aliens into the United States for commercial advantage or personal financial gain, in violation of 8 U.S.C.§ 1324(a)(2)(B)(ii). Perez contends that the district court erred in refusing to give proposed instructions that would have excluded from the statute’s scope a defendant who brings aliens into the United States solely in return for his own entry or transportation. Perez’s proposed instructions are based primarily on a comment to the 1996 Sentencing Guidelines, § 2L1.1 that provides, for sentence enhancement purposes, that an alien smuggler acting for commercial advantage or financial gain does not include one who acts solely in return for entry or transportation into the country.

This Court reviews the refusal to provide a requested jury instruction for abuse of discretion. United States v. Asibor, 109 F.3d 1023, 1034 (5th Cir.), cert. denied, — U.S. -, 118 S.Ct. 638, 139 L.Ed.2d 617 (1997). District courts enjoy substantial latitude in formulating jury instructions. Id. Accordingly, this Court will reverse only if the requested jury instruction: (1) was a substantially correct statement of the law; (2) was not substantially covered in the charge as a whole; and (3) concerned an important point in the trial, the omission of which seriously impaired the defendant’s ability to present an effective defense. Id.

Perez’s interpretation of “commercial advantage” and “personal financial gain” in section 1324 has no foundation in the text of the statute and is contrary to its plain language. Perez’s proposed instructions therefore are not substantially[*333] correct statements of the law. Although Perez admitted that he would have been required to pay $650 if he had not driven the aliens into the country, Perez was free to argue that his actions did not constitute a commercial advantage or private financial gain. Thus, the district court did not abuse its discretion in refusing to give the proposed instructions.

Accordingly, we AFFIRM the judgment of the district court.

AFFIRMED.