Chavez-Herrera

MEMORANDUM **

Javier Chavez-Herrera appeals the 30-month sentence imposed following his guilty plea to conspiracy to smuggle aliens in violation of 8 U.S.C. § 1324 (a)(1)(A)(v). 1 Chavez-Herrera argues that the district court should have applied the clear and convincing standard to the facts of his case because of the degree of sentencing enhancement he received pursuant to U.S. Sentencing Guidelines Manual (“USSG”) § 2L1.1(b)(2)(C) (2002), and that application of the clear and convincing standard would have resulted in a lower total offense level. We review the district court’s interpretation of the Sentencing Guidelines de novo and the factual findings underlying sentencing decisions for clear error. See United States v. Riley, 335 F.3d 919, 925 (9th Cir.2003). We affirm.

The district court did not err in applying the preponderance of the evidence standard to the facts of Chavez-Herrera’s case. Chavez-Herrera pled guilty to, and was convicted of, conspiracy to smuggle aliens and his offense level was increased because of the nature and extent of the smuggling conspiracy he participated in. See USSG § 2L1.1(b)(2); United States v. Johansson, 249 F.3d 848, 855 (9th Cir.2001)…