United States v. Gonzalez-Martinez

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-40895 Summary Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE MANUEL GONZALEZ-MARTINEZ and NESTOR IBARRA-OSUNA, Defendants-Appellants. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CR-B-95-125 - - - - - - - - - - October 14, 1996 Before JONES, DeMOSS and PARKER, Circuit Judges. PER CURIAM:* Jose Manuel Gonzalez-Martinez appeals his convictions and sentences for conspiracy to bring into and land, harbor, and transport a certain alien within the United States, and transporting a certain alien within the U.S., in violation of 18 U.S.C. §§ 371 & 2 and 8 U.S.C. § 1324(a)(1)(B). His codefendant, Nestor Ibarra-Osuna, appeals his convictions for conspiracy to bring into and land, harbor, and transport certain aliens within the U.S., harboring certain aliens within the U.S., and * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-40895 -2- transporting certain aliens within the U.S. We have reviewed the arguments and the record and find no reversible error as to the defendants’ insufficient-evidence claims. See United States v. Bermea, 30 F.3d 1539, 1551 (5th Cir. 1994), cert. denied, 115 S. Ct. 1113 (1995). The district court did not clearly err in finding that Gonzalez-Martinez was responsible for 100 or more aliens for the purpose of determining his offense level under the Sentencing Guidelines. See U.S.S.G. § 2L1.1(b)(2)(C); United States v. Wimbish, 980 F.2d 312, 313 (5th Cir. 1992), cert. denied, 508 U.S. 919 (1993); United States v. Maseratti, 1 F.3d 330, 340 (5th Cir. 193), cert. denied, 114 S. Ct. 1096 (1994). AFFIRMED.