United States v. Jimenez-Elvirez

by
The Fifth Circuit affirmed defendant's conviction and sentence for one count of conspiracy to transport and attempt to transport an undocumented alien within the United States and five counts of aiding and abetting the transport and attempted transport of an undocumented alien within the United States for commercial advantage and private financial gain. The court held that the evidence was sufficient to support his convictions; the district court did not abuse its discretion by admitting evidence of a prior illegal transport offense; although the district court erred in applying a sentencing enhancement under USSG 2L.1(b)(3)(A) for committing the instant offense after sustaining a conviction for a prior felony immigration offense because the predicate conviction was not final, the error did not affect defendant's substantial rights; the court rejected defendant's claim that the district court improperly triple counted the prior felony immigration conviction; and defendant failed to show error, plain or otherwise, in the admission of the challenged remarks from the prosecutor. View "United States v. Jimenez-Elvirez" on Justia Law