United States v. Gomez-Valle, No. 15-41115 (5th Cir. 2016)Annotate this Case
The opinion issued June 29, 2016 is withdrawn by the panel, and the following is issued in its place. Defendant appealed his 34-month sentence after pleading guilty to harboring undocumented aliens for financial gain. The court concluded that it is unnecessary to resolve whether the plain error standard of review applies in the present circumstances because defendant fails to demonstrate error even under the less stringent clear error standard; it is unnecessary to resolve whether Amendment 794 was a substantive change or instead only clarifying because even if it were applied retroactively, it would not affect defendant's sentence; and, even assuming, without deciding that Amendment 794 is “clarifying” and should be considered on appeal, it does not affect the outcome in this case. Therefore, the court concluded that the district court did not err in concluding that defendant was neither a “minor” nor a “minimal” participant eligible for an USSG 3B1.2 reduction. Accordingly, the court affirmed the judgment.