United States v. Rafael Esquivel-Castaneda , 548 F. App'x 420 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 06 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50246
Plaintiff - Appellee, D.C. No. 3:12-cr-05197-LAB
v.
MEMORANDUM*
RAFAEL ESQUIVEL-CASTANEDA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Rafael Esquivel-Castaneda appeals from the district court’s judgment and
challenges the 12-month sentence imposed following his guilty-plea conviction for
bringing in illegal aliens without presentation and aiding and abetting, in violation
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
of 8 U.S.C. § 1324(a)(2)(B)(iii) and 18 U.S.C. § 2. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Esquivel-Castaneda contends that the district court erred by imposing a two-
level increase for using a minor to commit the crime under U.S.S.G. § 3B1.4. We
review for clear error. See United States v. Preciado, 506 F.3d 808, 810 (9th Cir.
2007) (per curiam). The district court did not clearly err in finding that
Esquivel-Castaneda affirmatively used his children in his crime. See id. (evidence
that defendant “brought children along to a previously planned crime supports a
finding that the minors were used to avoid detection”).
AFFIRMED.
2 13-50246