Garcia-Lopez

United States v. Garcia-Lopez

Good Law
49 F. App'x 737
United States Court of Appeals for the Ninth CircuitOctober 29, 2002No. 01-50334; D.C. No. CR-01-00034-IEGCalifornia582 words

Opinion

Lead Opinion

ORDER AND MEMORANDUM **

Juan Garcia-Lopez plead guilty to one count of transporting an undocumented alien in violation of 8 U.S.C. § 1324 (a)(1)(A)(ii) pursuant to a plea agreement. At sentencing, the district court applied enhancements under three separate provisions of the Sentencing Guidelines. He appeals this sentence.

We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We review the district court’s application of the Sentencing Guidelines to the facts of a case for an abuse of discretion. United States v. Alexander, 287 F.3d 811, 818 (9th Cir.2002). The district court did not abuse its discretion by applying the enhancements and their application did not result in double counting. We affirm.

Because the parties are familiar with the facts, we will not recount them in detail except as necessary. First, Garcia-Lopez argues there was insufficient evidence of *738 intent to constitute assault under the official victim enhancement, U.S.S.G. § 3A1.2(b). We have interpreted “assault” to be equivalent to common law assault. United States v. Juvenile Male, 930 F.2d 727, 728 (9th Cir.1991). Specifically, we have held that:

Id. (citation omitted).

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