IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20214
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARNULFO GONZALEZ-TORRES,
Defendant-Appellant.
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Appeals from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-661-2
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January 29, 2003
Before GARWOOD, JOLLY and SMITH, Circuit Judges.
PER CURIAM:*
Arnulfo Gonzalez-Torres appeals the sentence imposed
following his guilty plea to transporting aliens within the
United States and aiding and abetting the same. He argues that
the district court clearly erred under U.S.S.G. § 1B1.3 in
holding him accountable for sexual assaults committed by his co-
conspirator, because there was insufficient evidence to show that
he knew or reasonably foresaw that the assaults were committed in
furtherance of the conspiracy.
*
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that this opinion should not be published and is not precedent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. 02-20214
-2-
In the case of jointly undertaken criminal activity, a
defendant is responsible for all reasonably foreseeable acts and
omissions of others in furtherance of the jointly taken criminal
activity that occurred during the commission of the offense of
conviction. U.S.S.G. § 1B1.3(a)(1)(B) (2000). We review for
clear error the factual determination of a defendant’s relevant
conduct under U.S.S.G. § 1B1.3 United States v. Cooper, 274 F.3d
230, 238 (5th Cir. 2001).
The following facts support the district court’s finding by
a preponderance of the evidence that sexual assault of the aliens
was reasonably foreseeable to Gonzalez in furtherance of the
jointly undertaken activity: (1) Gonzalez’s presence when
Santiago Gomez-Ruiz was threatened by Enrique Garces-Carmano with
sexual assault for failure to pay smuggling fees; (2) Gonzalez’s
presence when Enrique Garces-Carmano instructed that an alien be
prepared for a sexual assault; (3) Gonzalez’s long history of
association with Garces; and (4) Gomez’s and Jaime Guerrero-
Marquez’s statements that numerous male aliens were sexually
assaulted for failure to pay smuggling fees. The district
court’s finding was therefore plausible in light of the record as
a whole and not clearly erroneous. See Cooper, 274 F.3d at 238.
AFFIRMED.