United States of America, Plaintiff-appellee, v. Salvador Castillo-lara, Defendant-appellant, 32 F.3d 572 (9th Cir. 1994)

MEMORANDUM^** 

Salvador Castillo-Lara appeals his eight-month sentence imposed following entry of a guilty plea to aiding and abetting the harboring of aliens in violation of 8 U.S.C. § 1324(a) (1) (C) and 18 U.S.C. § 2. Castillo-Lara contends that he is entitled to a three-level downward departure adjustment in his offense level because he did not commit the offense for profit as defined by the Sentencing Guidelines. We reject this contention and affirm.

Under the Sentencing Guidelines, the base offense level for transporting or harboring an unlawful alien is nine. U.S.S.G. Sec. 2L1.1(a) (2). If the defendant committed the offense "other than for profit," the Guidelines provide for a three-level downward adjustment. U.S.S.G. Sec. 2L1.1(b) (1). The commentary defines "for profit" as "financial gain or commercial advantage." U.S.S.G. Sec. 2L1.1, comment n. 1. This definition specifically excludes "a defendant who commits the offense solely in return for his own entry or transportation." Id.

Castillo-Lara committed the offense in exchange for free room and board at a labor camp owned by others. Other aliens who sought room and board at the labor camp were charged $25.00 per week. Receiving room and board in exchange for harboring an unlawful alien is equivalent to receiving money and thus constitutes profit. Furthermore, Castillo-Lara did not commit the offense solely in return for his own entry or transportation into the country. Thus, he is not entitled to a three-level downward departure.

AFFIRMED.