IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40873
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DOMINGO SAN MIGUEL, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-00-CR-139-1
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February 26, 2001
Before HIGGINBOTHAM, DUHÉ, and WIENER, Circuit Judges.
PER CURIAM:1
Domingo San Miguel, Jr., appeals the sentence imposed
following his guilty plea to a charge of knowingly transporting an
unlawful alien in the United States. San Miguel asserts that the
district court erred by denying him a three-level reduction in his
offense level pursuant to U.S.S.G. § 2L1.1(b)(1) for an offense
committed other than for profit. San Miguel asserts that the
record is devoid of evidence that he was the intended recipient of
payment or that he received any sort of compensation for the
offense. He asserts that the reduction applies if the defendant
1
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this opinion should not be published and is not precedent except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.
does not profit from the offense or was not intended to profit from
the offense.
“The defendant bears the burden of proving that he is entitled
to a downward adjustment.” United States v. Thomas, 120 F.3d 564,
574-75 (5th Cir. 1997). San Miguel requested the downward
adjustment at sentencing; however, he did not bear his burden of
proving his entitlement to the adjustment. Accordingly, the
judgment of the district court is AFFIRMED.
2