Avalos

MEMORANDUM **

The relevant facts are known to the parties and we do not repeat them here, except as necessary to explain our decision.

The district court did not abuse its discretion when it declined to grant Avalos a “minor participant” reduction in offense level under § 3B1.2 of the United States *226 Sentencing Guidelines. Based on the record before this Court, it was proper for the district court to conclude that Avalos, as driver of the lookout vehicle, was, as the district court put it, “an integral part” of the illegal alien smuggling operation at issue in this case.

On the question of whether the district court properly calculated Avalos’ criminal history under U.S.S.G. § 4A1.1, however, the record is less clear. Normally, Avalos’ prior offenses would be counted together under § 4A1.1 because there was no intervening arrest between his August 8, 2005 and August 9, 2005 offenses, and because he was sentenced for both offenses on the same day. However, under Application Note 3 of the commentary to § 4A1.2, the district court has authority to grant an upward departure in the criminal history calculation where counting the offenses together does not “adequately reflect the…