Filed: Oct. 25, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50838 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PEDRO GOMEZ-SOTO, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. EP-00-CR-323-1-H - October 25, 2001 Before WIENER, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Pedro Gomez-Soto appeals his conviction and sentence following a guilty plea to attempting to reenter the United States fo
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50838 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PEDRO GOMEZ-SOTO, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. EP-00-CR-323-1-H - October 25, 2001 Before WIENER, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Pedro Gomez-Soto appeals his conviction and sentence following a guilty plea to attempting to reenter the United States fol..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50838
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PEDRO GOMEZ-SOTO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-00-CR-323-1-H
--------------------
October 25, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Pedro Gomez-Soto appeals his conviction and sentence
following a guilty plea to attempting to reenter the United
States following deportation, a violation of 8 U.S.C. § 1326.
Gomez argues (1) that the factual basis was insufficient to
support his guilty plea and (2) that he was entitled to a three-
point reduction pursuant to § 2X1.1 of the Sentencing Guidelines.
Applying de novo review, we hold that the factual basis was
sufficient to support a finding by the district court that Gomez
possessed the requisite intent, specific or otherwise, to be
*
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that this opinion should not be published and is not precedent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. 00-50838
-2-
found guilty of the crime of attempted reentry. Gomez testified
under oath at his rearraignment that his intended destination was
his sister-in-law’s home in Kansas, where he intended to gain
employment at a slaughterhouse. His argument is therefore
meritless.
We further hold that Gomez was correctly sentenced. We
apply plain-error review to this argument because no such
objection was lodged in the district court. See United States v.
Thames,
214 F.3d 608, 612 (5th Cir. 2000). Section 2X1.1(b)
instructs the district court in cases of crimes of “attempt” to
decrease the base offense level by three levels “unless . . . the
circumstances demonstrate that the defendant was about to
complete all such acts but for apprehension or interruption by
some similar event beyond the defendant’s control.” Even if it
is assumed in arguendo that § 2X1.1 would apply to Gomez, it
affords him no relief because the circumstances indicate that
Gomez would have illegally entered the United States to work in
Kansas but for the intervention of the United States border
patrol. The district court therefore did not commit plain error
in not reducing his offense level.
AFFIRMED.