Lopez-Rodriguez

MEMORANDUM **

Javier Lopez-Rodriguez appeals from his sentence following conviction by guilty plea to conspiracy to conceal, harbor, shield and transport illegal aliens, in violation of 8 U.S.C. § 1324 (a)(l)(A)(v)(I). We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.

*533 Lopez-Rodriguez contends that the district court erred by declining to reduce his offense level by three levels pursuant to USSG § 2Ll.l(b)(l)(A), because he committed the offense not for profit but for the forgiveness of his own smuggling fee. We review the district court’s interpretation of the Sentencing Guidelines de novo. United States v. Velez, 185 F.3d 1048, 1050 (9th Cir.1999).

This case turns on an amendment to the Sentencing Guidelines. Prior to May 1997, the commentary to USSG § 2Ll.l(b)(l)(A) explicitly defined “[f]or profit” to exclude a person who merely worked off his own entry or transportation fee. USSG Appendix C, amendment 543. On May 1, 1997, the commentary was revised to delete this exception. 1 Id.

Commentary and amended commentary to the sentencing guidelines are binding on the courts. Stinson v. United States, 508 U.S. 36, 37-38 , 113 S.Ct. 1913 , 123 L.Ed.2d 598…