USA V. RAFAEL ESQUIVEL-CASTANEDA, No. 13-50246 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 06 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-50246 D.C. No. 3:12-cr-05197-LAB v. MEMORANDUM* RAFAEL ESQUIVEL-CASTANEDA, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Rafael Esquivel-Castaneda appeals from the district court s judgment and challenges the 12-month sentence imposed following his guilty-plea conviction for bringing in illegal aliens without presentation and aiding and abetting, in violation * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). of 8 U.S.C. § 1324(a)(2)(B)(iii) and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Esquivel-Castaneda contends that the district court erred by imposing a twolevel increase for using a minor to commit the crime under U.S.S.G. § 3B1.4. We review for clear error. See United States v. Preciado, 506 F.3d 808, 810 (9th Cir. 2007) (per curiam). The district court did not clearly err in finding that Esquivel-Castaneda affirmatively used his children in his crime. See id. (evidence that defendant brought children along to a previously planned crime supports a finding that the minors were used to avoid detection ). AFFIRMED. 2 13-50246

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