United States v. Diaz-Gomez

EDITH BROWN CLEMENT, Circuit Judge:

Humberto Diaz-Gomez (“Diaz”) challenges the district court’s application of the United States Sentencing Guidelines Manual (“U.S.S.G.”) § 2M5.2, arguing the court erred by finding that he did not qualify for a base offense level of 14 under subsection (a)(2) and by applying the base offense level of 26 under subsection (a)(1). Because the district court did not err in its application of § 2M5.2, we AFFIRM the court’s judgment.

FACTS AND PROCEEDINGS

In November 2010, Diaz pleaded guilty to two counts of violating 18 U.S.C. § 554 by: (1) attempting to export a…