United States v. Maria Guadalupe Lopez-Garcia

PAEZ, Circuit Judge.

Maria Lopez-Garcia appeals her sentence for transporting illegal aliens in violation of 8 U.S.C. § 1324(a)(l)(A)(ii). We must decide whether the district court erred when it (1) imposed sentencing enhancements under United States Sentencing Guidelines (“U.S.S.G.”) section 3C1.2 in addition to U.S.S.G. section 2L1.1(b)(5), and (2) denied Lopez-Garcia’s request for a downward departure for duress. We have jurisdiction under 28 U.S.C. § 1291. We find that the district court applied the wrong standard in determining that U.S.S.G. section 3C1.2 could be applied in addition to…