United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED February 8, 2021 No. 19-40901 Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Luis Andres Medel-Guadalupe,

Defendant—Appellant,

consolidated with _____________

No. 19-40902 _____________

United States of America,

Plaintiff—Appellee,

versus

Luis Medel,

Defendant—Appellant. Case: 19-40901 Document: 00515737596 Page: 2 Date Filed: 02/08/2021

No. 19-40901 cons./w No. 19-40902

Appeal from the United States District Court for the Southern District of Texas USDC Nos. 1:19-CR-428-1 & 1:14-CR-109-9

Before Jones, Haynes, and Ho, Circuit Judges. Per Curiam: We WITHDRAW the prior opinion filed October 27, 2020 and substitute the following. Luis Andres Medel-Guadalupe appeals his sentence on five grounds. Finding no error of fact or law, we AFFIRM. I. BACKGROUND Medel-Guadalupe was arrested and charged in a five-count indictment with harboring illegal aliens. The first count charged conspiracy to harbor illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(II) and (B)(i) while the remaining four charged substantive violations of § 1324(a)(1)(A)(iii) and (B)(i) relating to specific aliens. The accompanying allegations assert the principal offense of harboring an illegal alien for commercial advantage or private financial gain, but the indictment also lists the statutory aiding and abetting provision, § 1324(a)(1)(A)(v)(II). Ultimately, Medel-Guadalupe pled guilty only to Count Two pursuant to a plea agreement. The presentence report (PSR) included two enhancements that are relevant to this appeal. First, the PSR recommended a two-level increase for “reckless endangerment” under U.S.S.G. § 2L1.1(b)(6) for harboring aliens in “crowded, dangerous, or inhumane” conditions. Second, a two-level “bodily injury” increase was recommended under U.S.S.G. § 2L1.1(b)(7)(A) for injuries sustained by one of the female aliens after she was beaten by Medel-Guadalupe’s girlfriend, Amanda Miguel Ramirez.

2 Case: 19-40901 Document: 00515737596 Page: 3 Date Filed: 02/08/2021

No. 19-40901 cons./w No. 19-40902

Medel-Guadalupe filed written objections to both enhancements. At sentencing, defense counsel argued that Medel-Guadalupe could not be held accountable for Ramirez’s assault because it was provoked by jealousy— Ramirez thought the female alien “was either flirting with [Medel- Guadalupe] or that they had something going on.” The district court overruled the objection, finding that the assault was reasonably foreseeable. As for the reckless endangerment enhancement, defense counsel argued that the stash house had electricity, running water, and ventilation, thus the Government could not show risk of “serious bodily injury.” In response, the Government argued that packing tw