UNITED STATES of America, Plaintiff-Appellee v. Priscilla Raby LOERWALD, Defendant-Appellant, 503 F. App'x 279

PER CURIAM: Priscilla Raby Loerwald appeals the 21-month sentence she received following her guilty-plea conviction for transporting illegal aliens, in violation of 8 U.S.C. § 1324. She argues that the district court erred by enhancing her sentence pursuant to U.S.S.G. § 2Ll.l(b)(6) based on a finding that she intentionally or recklessly created a substantial risk of death or serious bodily injury to the aliens by transporting them in the trunk of her vehicle. This court reviews a district court’s

interpretation of the Guidelines de novo and reviews the district court’s fact findings relative to the § 2L1.1(b)(6) enhancement for clear error. United States v. Rodriguez, 630 F.3d 377, 380 (5th Cir.2011). The transportation of aliens in the trunk of a vehicle is specifically listed in the comments to U.S.S.G. § 2L1.1(b)(6) as the type of conduct contemplated by the Sentencing Commission in drafting the guideline provision. § 2L1.1, comment, (n.5). The district court thus did not err by enhancing Loerwald’s sentence. AFFIRMED. 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R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.