Case: 11-11591 Date Filed: 08/15/2012 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-11591
Non-Argument Calender
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D.C. Docket No. 1:10-cr-00103-CAP-GGB-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DANIEL BERNAL-PEREZ,
Defendant - Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(August 15, 2012)
Before TJOFLAT, CARNES, and KRAVITCH, Circuit Judges.
PER CURIAM:
Case: 11-11591 Date Filed: 08/15/2012 Page: 2 of 3
Daniel Bernal-Perez pleaded guilty to one count of possession of firearm by
an illegal alien in violation of 18 U.S.C. § 922(g)(5). The presentence
investigation report recommended a base offense level of 22 under United States
Sentencing Guidelines § 2K2.1(a)(3) (Nov. 2010). The PSR added 2 levels under
§ 2K2.1(b)(1)(A) because the offense involved four firearms; 4 levels under §
2K2.1(b)(5) because Bernal-Perez had engaged in firearm trafficking; and 4-levels
under § 2K2.1(b)(6) because he possessed a firearm in connection with drug
distribution. The PSR subtracted 3 levels under § 3E1.1 for acceptance of
responsibility, which resulted in a total offense level of 29, and it determined that
he had a criminal history category of III. For that reason, it recommended a
guidelines range of 108 to 120 months in prison. Bernal-Perez did not file any
objections to the PSR.
At sentencing the government asked the district court to remove the 4-level
drug-distribution enhancement under § 2K2.1(b)(6). The court asked Bernal-
Perez’s lawyer if he wanted to make any argument on his client’s behalf, and
Bernal-Perez’s lawyer said, “No, Your Honor. We would ask that you accept the
guideline recommendation as proposed by the United States with the adjustment.”
The court removed the 4-level enhancement under § 2K2.1(b)(6) and calculated a
total offense level of 25, a criminal history category of III, and a guidelines range
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Case: 11-11591 Date Filed: 08/15/2012 Page: 3 of 3
of 70 to 87 months in prison. The court sentenced Bernal-Perez to 84 months in
prison, followed by 36 months of supervised release.
Bernal-Perez appeals, contending that the district court miscalculated his
guidelines range. He argues that there was not enough evidence to support the 4-
level enhancement for firearm trafficking under § 2K2.1(b)(5). At sentencing,
however, Bernal-Perez asked the court to “accept the guideline recommendation as
proposed by the United States with the adjustment,” and the court did as Bernal-
Perez asked. “It is a cardinal rule of appellate review that a party may not
challenge as error a ruling or other trial proceeding invited by that party.” United
States v. Ross, 131 F.3d 970, 988 (11th Cir. 1997) (quotation marks omitted). If a
“party induces or invites the district court into making an error,” United States v.
Stone, 139 F.3d 822, 838 (11th Cir. 1998), “it precludes a[n appellate] court
from . . . reversing,” United States v. Silvestri, 409 F.3d 1311, 1327 (11th Cir.
2005) (quotation marks omitted). Because Bernal-Perez invited the district court
to apply the § 2K2.1(b)(5) enhancement, we do not reach the merits of his
argument that court erred in doing so. See id.
AFFIRMED.
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