United States v. Rosas ( 2000 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 00-40042
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    RAYMUNDO VALENTIN ROSAS,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. C-99-CR-290-ALL
    --------------------
    August 24, 2000
    Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
    PER CURIAM:*
    Raymundo Valentin Rosas appeals his guilty-plea conviction
    and sentence for knowingly possessing with the intent to transfer
    unlawfully five or more false identification documents, in
    violation of 18 U.S.C. § 1028(a)(3).   Rosas’ sole contention on
    appeal is that the district court erred in applying U.S.S.G.
    § 2L2.1, rather than § 2F1.1, to determine Rosas’ guideline
    sentence.
    This court reviews a district court’s selection of the
    applicable sentencing guideline de novo.      United States v.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 00-40042
    -2-
    Principe, 
    203 F.3d 849
    , 851 (5th Cir. 2000).    Appendix A of the
    Sentencing Guidelines identifies both §§ 2F1.1 and 2L2.1 as
    applicable to violations of § 1028.    However, application note 12
    to § 2F1.1 states that “[w]here the primary purpose of the
    offense involved the unlawful production, transfer, possession,
    or use of identification documents for the purpose of violating,
    or assisting another to violate, the laws relating to
    naturalization, citizenship or legal resident status, apply
    §2L2.1 . . . rather than §2F1.1.”
    Although the memorandum of the plea agreement between Rosas
    and the Government neither discussed the nature of Rosas’ offense
    nor included a factual resume, Rosas admitted under oath at his
    rearraignment hearing that the false identification documents
    would have been used to get illegal aliens into the United
    States.   Rosas’ admission constituted a stipulation in his guilty
    plea of a fact establishing that the primary purpose of his
    offense involved the unlawful possession of identification
    documents for the purpose of assisting another to violate
    immigration laws.     See § 2F1.1, comment. (n.12).   The district
    court thus did not err in applying § 2L2.1 to determine Rosas’
    guideline sentence.    See 
    Principe, 203 F.3d at 853-54
    ;
    § 1B1.2(a).
    AFFIRMED.
    

Document Info

Docket Number: 00-40042

Filed Date: 8/24/2000

Precedential Status: Non-Precedential

Modified Date: 4/17/2021