United States v. Armando Ruiz-Naranjo

Armando Ruiz-Naranjo appeals his sentence of 12 months for failing to report currency in excess of $10,000 upon entering the United States, see 31 U.S.C. § 5316 , arguing the ■ district court applied the wrong base offense level. We affirm.

The Sentencing Guidelines provide for a base offense level of 13 if a defendant “made false statements to conceal or disguise” his failure to report currency. U.S.S.G. § 2S1.3(a)(l)(B). Ruiz-Naranjo admits that upon entering the United States he was twice asked by a United States Customs Inspector whether he was carrying currency in excess of $10,000 and he twice responded that he was not. These statements were false. The district court could reasonably conclude that appellant’s purpose in making the false statements was “to conceal or disguise” his failure to report the currency. Id. Accordingly, the district court correctly applied base offense level 13.

Ruiz-Naranjo’s argument that U.S.S.G. § 2S1.3(a)(l)(B) should not be construed literally in light of the Introductory Commentary is meritless. The portion of Part A(4)(f) of the Introductory Commentary relied upon by Ruiz-Naranjo states only that the Sentencing Commission has generally…