Case: 09-40833 Document: 00511179597 Page: 1 Date Filed: 07/20/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 20, 2010
No. 09-40833
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MARIO MENDOZA MEDINA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:08-CR-1552-1
Before GARZA, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM:*
Mario Mendoza Medina was convicted by guilty plea for conspiracy to
harbor aliens within the United States and was sentenced to 24 months of
imprisonment and two years of supervised release. He appeals from that
sentence and argues that the district court erred by applying U.S.S.G.
§ 2L1.1(b)(5)(B) for brandishing a dangerous weapon. He contends that there
was no evidence that he personally brandished a weapon and that the
adjustment cannot be applied through relevant conduct because the district
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 09-40833 Document: 00511179597 Page: 2 Date Filed: 07/20/2010
No. 09-40833
court failed to make a separate finding as to the scope of his agreement in the
conspiracy.
By adopting the presentence report (“PSR”), the district court made
implicit findings based on the PSR’s factual findings. See United States v.
Carreon, 11 F.3d 1225, 1231 (5th Cir. 1994). Therefore, the district court did not
err by applying § 2L1.1(b)(5)(B) to Medina’s sentence on the basis of relevant
conduct. See United States v. Williams, 520 F.3d 414, 422 (5th Cir. 2008).
Accordingly, the judgment of the district court is AFFIRMED.
2