United States v. Aurelio Avila-Damian

5 F.3d 540 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. AURELIO AVILA-DAMIAN, Defendant-Appellant. No. 92-50690. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 23, 1993. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Aurelio Avila-Damian appeals his sentence for transporting illegal aliens in violation of 8 U.S.C. Sec. 1324 (a)(1)(B). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 We previously vacated and remanded Avila-Damian's sentence because the district court failed to adequately explain the extent of departure as required by United States v. Lira-Barraza, 941 F.2d 745 (9th Cir.1991) (en banc). On remand, the district court explained the departure in this case by analogizing to the aggravated assault guideline, U.S.S.G. Sec. 2A2.2. Avila-Damian argues that the court actually applied Sec. 2A2.2. We disagree. A review of the…