USA v. Chacon, No. 06-51658 (5th Cir. 2007)
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 06-51658 Summary Calendar December 3, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. GUSTAVO CHACON Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:06-CR-544-ALL Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Gustavo Chacon, who pleaded guilty to one count of bulk cash smuggling, in violation of 31 U.S.C. § 5332, appeals his sentence. Chacon argues that the district court s application of U.S.S.G. § 2S1.3(b)(1)(B) (2006), in addition to determining the base offense level based on the value of the funds, constituted impermissible double counting. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-51658 Section § 2S1.3 applies to several monetary-reporting related offenses, including bulk cash smuggling. See § 2S1.3; U.S.S.G. App. A (Statutory Index). It does not prohibit, but requires, application of both the offense level increase based on the value of the funds and the specific-offense-characteristic increase because the offense involved bulk cash smuggling. There was no impermissible double counting. See United States v. Simmons, 470 F.3d 1115, 1128-29 (5th Cir. 2006), cert. denied, 127 S. Ct. 3002 (2007). Chacon s grouping argument lacks merit. Because Chacon was convicted on only one count, there was nothing to group, and U.S.S.G. § 3D1.2 is inapplicable. See U.S.S.G. § 3D1.1(a). AFFIRMED. 2
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