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United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Jason Arnez MARSHALL-BROOKS, Defendant-Appellant

No. 17-40762

Decided: July 25, 2018

Before SMITH, WIENER, and WILLETT, Circuit Judges. Jessica Carol Akins, Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee Roberto Balli, Attorney, Laredo, TX, for Defendant-Appellant

Defendant-Appellant Jason Arnez Marshall-Brooks appeals his sentence arising from his conviction for conspiracy to transport undocumented aliens into the United States. Marshall-Brooks argues that the district court erred in applying the U.S.S.G. § 3B1.3 enhancement because possession of a commercial driver's license does not qualify as a special skill. He contends that no substantial training or special knowledge is required to obtain the license as compared to the other skills and professions listed in the Guideline.

The district court's application of the two-level enhancement under § 3B1.3 is a factual determination that we review for clear error. United States v. Pruett, 681 F.3d 232, 248 (5th Cir. 2012). There is no clear error if the district court's conclusion is plausible in light of the record as a whole. United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir. 2008).

We have previously held that the ability to drive a tractor-trailer truck with a commercial driver's license qualifies as a special skill under § 3B1.3. Marshall-Brooks's challenge to the enhancement is thus unavailing. See United States v. Villafranca, 844 F.3d 199, 199 (5th Cir. 2016), cert. denied, ––– U.S. ––––, 137 S.Ct. 1393, 197 L.Ed.2d 568 (2017).




PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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