Becker

*160 MEMORANDUM *

Charles Joseph Becker appeals the 60-month sentence imposed by the district court following his conviction by jury on one count of fraud and misuse of visas, in violation of 18 U.S.C. § 1546 , and one count of inducing illegal aliens to enter the United States, in violation of 8 U.S.C. § 1324 . Appellant contends that the district court applied inappropriate sections of the United States Sentencing Guidelines (“USSG”) and erred in applying a four-level adjustment for a managerial role and a two-level increase for obstruction of justice. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm in part and reverse in part.

We reject Appellant’s contention that USSG § 2L1.2, rather than section 2L1.1, should be applied to his conviction under 8 U.S.C. § 1324 (a). See USSG app. C, amend. 591 (stating that, subject to an exception not applicable here, “the sentencing court must apply the offense guideline referenced in the Statutory Index for the statute of conviction”); USSG app. A (providing that the guideline applicable to a conviction under 8 U.S.C. § 1324 (a) is USSG § 2L1.1).

Appellant also contends that the district court…