Case: 20-40853 Document: 00516044798 Page: 1 Date Filed: 10/06/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 6, 2021 No. 20-40853 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Eli Espinoza, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:20-CR-876-1 Before Owen, Chief Judge, and Clement and Duncan, Circuit Judges. Per Curiam:* A federal grand jury indicted Eli Espinoza for smuggling goods from the United States in violation of 18 U.S.C. §§ 554(a) and 2. Pursuant to United States Sentencing Guidelines § 2M5.2(a)(1), the district court applied a base offense level of 26 and, after making certain adjustments, sentenced him to 63 months’ imprisonment. It further imposed a three-year * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-40853 Document: 00516044798 Page: 2 Date Filed: 10/06/2021 No. 20-40853 term of supervised release and a $100 special assessment. Espinoza challenges his sentence on the ground that the district court erred in declining to apply the lower base offense level of 14 under § 2M5.2(a)(2)(A). Because we conclude that the district court did not reversibly err, we AFFIRM. I. FACTS AND PROCEEDINGS On April 30, 2020, Espinoza applied for outbound inspection into Mexico at the Hidalgo, Texas Port of Entry. Immigration officials questioned him, and after he denied having contraband, they referred him for secondary inspection of his vehicle. Espinoza fled, and immigration officials pursued. Shortly thereafter, Espinoza was arrested, and a search of his vehicle revealed five packages containing firearm components, which included the following: • Front trunnion • AK Bolt Body • Gas Piston • Upper Hand Guard and Gas Tube • Rear Sight Block • Recoil Spring with Recoil Spring Rear Guide • Dust Cover • Trigger for Semi-Automatic Rifle • Bolt Carrier Assembly • Bolt Catch On May 28, 2020, a federal grand jury charged Espinoza, by single- count indictment, with: [F]raudulently and knowingly export[ing] and send[ing] from the United States, or attempt[ing] to export and send from the United States to the United Mexican States, any merchandise, 2 Case: 20-40853 Document: 00516044798 Page: 3 Date Filed: 10/06/2021 No. 20-40853 article, or object, to wit: firearms components to include, front trunnion, AK bolt body, upper hand guard and ga[s] tube, rear sight block, recoil spring with recoil spring rear guide, dust cover, trigger for semi-automatic rifle, bolt carrier assembly, and bolt catch, without a license or written approval from the United States Department of Commerce, as required by Title 50, United States Code, Sections 4819 and Title 15, Code of Federal Regulations, Sections 730-744[,] [i]n violation of Title 18, United States Code, Sections 554(a) and 2. The indictment also included a forfeiture notice, specifying that upon conviction, Espinoza would forfeit the firearm components found in his vehicle. Espinoza pleaded guilty on September …
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