United States v. Roberto Caton-Garcia, Aka: Roberto Caton

91 F.3d 155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roberto CATON-GARCIA, aka: Roberto Caton, Defendant-Appellant. No. 95-50547. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1996. * Decided July 24, 1996. 1 Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, District Judge. ** 2 MEMORANDUM *** 3 Roberto Caton-Garcia appeals the sentence imposed following his guilty plea conviction for conspiracy to transport illegal aliens in violation of 18 U.S.C. § 371 , 8 U.S.C. § 1324 (a)(1)(A)(ii). We affirm. 4 The district court properly relied upon the testimony presented at a co-defendant's trial to determine whether Caton should receive a two-level increase for transporting between six and twenty-four aliens. See United States v. Notrangelo, 909 F.2d 363, 364-65 (9th Cir.1990); see also U.S.S.G. § 6A1.3 comment. ("Any information may be considered, so long as it has 'sufficient…