Gomez-Garcia

MEMORANDUM **

Jose Luis Gomez-Garcia appeals from his sentence following his guilty plea to conspiracy to harbor and conceal illegal aliens, in violation of 8 U.S.C. § 1324 (a)(1)(A)(v), and harboring and concealing illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(A)(iii). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gomez-Garcia claims the district court abused its discretion when it increased his offense level by two levels under U.S.S.G. § 2L1.1(b)(5) (2000). See United States v. Angwin, 271 F.3d 786, 808 (9th Cir.2001) (as amended), cert. denied, 535 U.S. 966 , 122 S.Ct. 1385 , 152 L.Ed.2d 375 (2002) (appellate court reviews for abuse of discretion district court’s application of § 2L1.1(b)(5) upward adjustment to facts of case). The guideline provides for a two-level increase when harboring an illegal alien “involved intentionally or recklessly creating a substantial risk of death or serious bodily injury.” The garage in which sixty-three illegal aliens were locked gave each person only five feet by two feet of floor space. The lock on the garage door was installed in a *58 reverse position so that it could not be disassembled from the inside and no key…