United States v. Joel Lopez-Cavasos, United States of America v. Joel Lopez-Cavasos

Lopez-Cavasos appeals his sentence, following a guilty plea, for supplying false documents to an alien for use in applications for adjustment of status under the Immigration and Nationality Act, in violation of 8 U.S.C. § 1160 (b)(7)(A)(ii). The government cross-appeals and argues that the fine imposed on Lopez-Cavasos is insufficient because it does not reflect, pursuant to section 5E1.2(c)(2) of the United States Sentencing Commission Guidelines (Guidelines), the amount of profit Lopez-Cavasos made from his criminal activity. The district court exercised jurisdiction pursuant to 8 U.S.C. § 1160 (b)(7)(A)(ii) and 18 U.S.C. § 3231 . We have jurisdiction over these timely appeals pursuant to 28 U.S.C. § 1291 . We affirm.

I

Lopez-Cavasos was indicted on nine counts of supplying false documents for use in applications for adjustment of status under the Immigration and Nationality Act, in violation of 8 U.S.C. § 1160 (b)(7)(A)(ii), and one count of encouraging an alien to enter the United States illegally, in violation of 8 U.S.C. § 1324 (a)(1)(D). Pursuant to a plea agreement, Lopez-Cavasos pleaded guilty to one count of supplying false documentation. All of the other counts were…