United States v. Fredy Reyes

MEMORANDUM

Fredy Oswaldo Gamez Reyes appeals from the district court’s judgment and challenges the 96-month sentence imposed following his guilty-plea conviction for harboring and concealing illegal aliens for financial gain, in violation of 8 U.S.C. §§ 1324 (a)(l)(A)(iii) and (a)(l)(B)(i). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

Gamez Reyes contends that the district court erred when it applied a two-level aggravating role enhancement under U.S.S.G. § 3Bl.l(c). We review for clear error the district court’s factual findings. See United States v. Rivera, 527 F.3d 891, 908 (9th Cir.2008). The record reflects that Gamez Reyes supervised the guards located at the stash houses where smuggled aliens were held until they paid their fee. Accordingly, because Gamez Reyes “exercised some control over others involved in the commission of the offense,” the court did not clearly err in applying the enhancement. See United States v. Whitney, 673 F.3d 965, 975 (9th Cir.2012) (citation and internal quotation marks omitted). We reject Gamez Reyes’s contention that the district court legally erred by failing to explicitly compare Gamez Reyes’s conduct…