Taracena-Elias

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 4 2026

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 24-4187 Plaintiff - Appellee, D.C. No. 4:23-cr-01101-SHR-JR v.

MEMORANDUM*

MISSAEL ARMANDO TARACENA-

ELIAS,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Scott H. Rash, District Judge, Presiding Argued and Submitted September 15, 2025 Phoenix, Arizona

Before: COLLINS, MENDOZA, and DESAI, Circuit Judges. Defendant Missael Armando Taracena-Elias appeals his 48-month sentence,

which was imposed after he pleaded guilty to one count of conspiring to transport

for profit aliens who are unlawfully present in the United States, in violation of

8 U.S.C. §§ 1324(a)(1)(A)(v)(I), 1324(a)(1)(A)(ii), and 1324(a)(1)(B)(i). We have

jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We affirm.

In calculating its recommended sentencing guidelines range in this case, the

Probation Office rejected the Government’s argument that a 10-level increase in

* This…