Filed: Jul. 18, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-41154 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PATRICIO ESCOBAR-VILLANUEVA, also known as Patricio Escobar Cantu, Defendant-Appellant. Appeal from the United States District Court For the Southern District of Texas (M-01-CR-29-3) July 18, 2002 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Patricio Escobar-Villanueva pled guilty to one count of carjacking and was sentenced to
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-41154 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PATRICIO ESCOBAR-VILLANUEVA, also known as Patricio Escobar Cantu, Defendant-Appellant. Appeal from the United States District Court For the Southern District of Texas (M-01-CR-29-3) July 18, 2002 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Patricio Escobar-Villanueva pled guilty to one count of carjacking and was sentenced to ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41154
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PATRICIO ESCOBAR-VILLANUEVA, also known
as Patricio Escobar Cantu,
Defendant-Appellant.
Appeal from the United States District Court
For the Southern District of Texas
(M-01-CR-29-3)
July 18, 2002
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Patricio Escobar-Villanueva pled guilty to one count of
carjacking and was sentenced to 180 months imprisonment, a
supervised release term of 3 years, a special assessment of $100,
plus restitution in the amount of $18,242.35. He argues that the
district court erred in upwardly adjusting his base offense level,
based on the conduct of indicted coconspirators, and erred in
*
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this opinion should not be published and is not precedent except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.
calculating the amount of loss attributable to him. We affirm.
First, Escobar-Villanueva argues that the district court erred
in upwardly adjusting his base defense level based on his
coconspirators’ acts of discharging a firearm, abducting a victim,
and inflicting bodily injury on a victim. He contends that there is
no evidence that he acted in concert with the other indicted
coconspirators, and argues that he should not be held responsible
for their acts. If a defendant undertakes criminal activities
jointly with third parties, he may be responsible for their acts if
the acts were within the scope of that joint activity and were
reasonably foreseeable.1 The facts contained in the Presentencing
Investigation Report, which Escobar-Villaneuva did not contest
below, support the sentencing adjustments made by the district
court. Thus we hold that the district court did not clearly err in
adopting the facts of the PSR and upwardly adjusting Escobar-
Villaneuva’s sentence for discharging a firearm, abducting a
victim, and inflicting bodily injury on a victim.
Escobar-Villaneuva also argues that the district court erred
in calculating the amount of loss attributable to him by including
a 1992 Ford Explorer in its calculations. There is evidence in the
PSR that Escobar-Villaneuva was himself involved in the carjacking
of the Explorer, and the carjacking of the Explorer was part of the
joint criminal enterprise in which he was involved. The district
court did not clearly err in calculating the loss. AFFIRMED.
1
United States v. Hammond,
201 F.3d 346, 351 (5th Cir. 1999).