IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-21045
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
GUSTAVO CARBAJAL, also known as Gustavo Carbajal Gomez
Defendant - Appellant
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-390-5
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November 3, 2000
Before KING, Chief Judge, and SMITH and PARKER, Circuit Judges.
PER CURIAM:*
Gustavo Carbajal appeals the sentence imposed by the
district court following his jury trial conviction for conspiracy
to transport and harbor undocumented aliens. We review the
district court’s application of the Sentencing Guidelines de
novo, and we review its factual findings for clear error. United
States v. Edwards, 65 F.3d 430, 432 (5th Cir. 1995).
Carbajal argues that the district court clearly erred in
increasing his base offense level by nine points based on its
*
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that this opinion should not be published and is not precedent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.
No. 99-21045
-2-
factual finding that Carbajal was accountable for smuggling,
transporting, or harboring more than 100 aliens. See U.S.S.G.
§ 2L1.1(b)(2)(C). Because this finding is plausible in light of
the record read as a whole, the district court did not commit any
error, clear or otherwise. United States v. Watson, 966 F.2d
161, 162 (5th Cir. 1992).
The judgment of the district court imposing sentence is
AFFIRMED.