Duarte-Acuna

United States v. Duarte-Acuna

Good Law
67 F. App'x 412
United States Court of Appeals for the Ninth CircuitJune 5, 2003No. 01-10707California483 words

Opinion

Lead Opinion

MEMORANDUM

We reject appellant’s argument that the evidence was insufficient to establish a “direct or substantial relationship” between his transportation of the aliens and the furtherance of their presence in the United States. United States v. Moreno, 561 F.2d 1321, 1323 (9th Cir.1977). In United States v. Hernandez-Guardado, 228 F.3d 1017, 1024 (9th Cir.2000), we held that such a relationship exists when a person “provide[s] transportation for one leg of illegal aliens’ migration to locations within the United States.” Appellant’s conduct fits that description. He took the aliens from a grassy field near the border to the town of San Luis, and the evidence strongly suggests that he would have continued on to Yuma had the Border Patrol not intervened.

Appellant next contends that the two-level sentence enhancement for obstruction *413 of justice was improper because the district court failed to make specific findings encompassing the factual predicates of perjury. The determination that appellant obstructed justice is a factual finding we review for clear error. See United States v. Jimenez, 300 F.3d 1166, 1170 (9th Cir.2002). If a defendant objects to a sentence…

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