Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

United States v. Garza

The district court erred in entering judgment under 8 U.S.C. �1324(a)(1)(B)(i) because appellant only pleaded guilty to, and was only convicted of, a violation of 8 U.S.C. � 1324(a)(1)(A)(ii), and did not plead guilty to transporting aliens unlawfully in this country for the purpose of commercial advantage or private financial gain. 5th Circuit Court of Appeals, No. 08-41197, 10-30-2009

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Published Opinion

Before KING, GARZA, and HAYNES, Circuit Judges.

Jesusita Filipita Garza (“Garza”) appeals her 21-month sentence under 8 U.S.C. § 1324(a)(1)(B)(i) for transporting aliens unlawfully in this country for the purpose of commercial advantage or private financial gain. Garza raises three issues on appeal: 1) whether the district court erred by imposing a “reckless endangerment” enhancement to her sentence under UNITED STATES SENTENCING GUIDELINES MANUAL (“U.S.S.G.”) § 2L1.1(b)(6); 2) whether the district court erred by entering judgment under 8 U.S.C. § 1324(a)(1)(B)(i), which requires a financial gain motive, rather than 8 U.S.C. § 1324(a)(1)(B)(ii), which does not; and 3) whether the district court erred by failing to reduce her sentence under U.S.S.G. § 2L1.1(b)(1) for an act committed “other than for profit.” We AFFIRM the conviction and sentence but REMAND to the district court with instructions to correct the judgment to reflect that Garza only pled guilty to, and was only convicted of, a violation of 8 U.S.C. § 1324(a)(1)(A)(ii), with a maximum sentence as prescribed by 8 U.S.C. § 1324(a)(1)(B)(ii), and to delete the reference to “for commercial advantage or private financial gain” from the judgment.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Attorney

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements