Lopez-Medina

MEMORANDUM **

Luis Carlos Lopez-Medina appeals his forty one month sentence imposed following a guilty plea to unlawfully transporting an undocumented alien without presentment in violation of 8 U.S.C. § 1324 (a) (2) (B) (iii). He argues that the district court erred in applying an enhancement for creating a substantial risk of injury to the transported alien and in failing to reduce the offense level because *94 his crime was not for profit. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

DISCUSSION

“The district court’s application of the Guidelines to the facts of a particular case is reviewed for an abuse of discretion.” United States v. Frega, 179 F.3d 793 , 811 n. 22 (9th Cir.1999). A district court’s factual findings at sentencing are reviewed for clear error. Id.

Guideline § 2Ll.l(b)(5) provides, in pertinent part, that if a conviction for smuggling or transporting unlawful aliens into this country involved “intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person,” the resulting offense level should increase to a level eighteen. The Guidelines direct that this enhancement should…