USA v. Eusebio Urias-Marquez, No. 12-40970 (5th Cir. 2013)

 Annotate this Case
Download PDF
Case: 12-40970 Document: 00512299140 Page: 1 Date Filed: 07/08/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40970 Summary Calendar July 8, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EUSEBIO URIAS-MARQUEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-84-1 Before JOLLY, DENNIS, and HAYNES, Circuit Judges. PER CURIAM:* Eusebio Urias-Marquez appeals the 51-month sentence of imprisonment imposed following his guilty plea conviction of being illegally present in the United States after removal. He argues that the district court erred in imposing a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on his Arizona attempted smuggling conviction. We need not determine whether the district court so erred because the error in applying the enhancement, if any, was harmless. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 12-40970 Document: 00512299140 Page: 2 Date Filed: 07/08/2013 No. 12-40970 As the Government notes, in imposing the 51-month sentence of imprisonment, the district court indicated that it would impose the same sentence based on the factors of 18 U.S.C. § 3553(a) no matter the application of the enhancement. In view of the foregoing, the Government has met its burden to establish that any error in applying the § 2L1.2(b)(1)(A)(ii) enhancement was harmless. See United States v. Richardson, 676 F.3d 491, 511 (5th Cir. 2012); United States v. Bonilla, 524 F.3d 647, 656 (5th Cir. 2008). The judgment of the district court is affirmed. AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.