Garcia
United States v. Garcia
Opinion
Lead Opinion
MEMORANDUM **
Jose Garcia appeals the sentence imposed after he pled guilty to participating *278 in a conspiracy to bring in, transport and harbor illegal aliens in violation of 8 U.S.C. § 1824 (a)(1)(A)(I)(ii), (iii), and (v)(I). Because the facts are familiar to the parties, we will not recite them in detail except as necessary. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and affirm.
Garcia brings several challenges to the district court’s calculations of his sentence under the United States Sentencing Guidelines. On issues arising under the Guidelines, review of the district court’s factual findings is for clear error and review of its legal interpretations is de novo. See United States v. Romero, 293 F.3d 1120, 1123 (9th Cir.2002). A district court’s application of the Guidelines to the facts of a case is reviewed for an abuse of discretion. See United States v. Frega, 179 F.3d 793 , 811 n. 22 (9th Cir.1999). A district court’s decision to depart upward is reviewed for an abuse of discretion. Koon v. United States, 518 U.S. 81, 100 , 116 S.Ct. 2035 , 135 L.Ed.2d 392 (1996).