United States v. Beleal Garcia-Gonzalez, 714 F.3d 306

Background

Garcia was convicted at trial on three counts of child sex trafficking, one count of conspiracy to harbor illegal aliens, and six counts of alien harboring; he received 360 months for the trafficking counts and 120 months for harboring, all concurrent, plus $100 assessment fees on harboring counts.
Four illegal female aliens (C.M., B.Y., D.L., R.J.) were smuggled from Honduras to work in Garcia’s bar under false pretenses; three were sisters, ages 17, 15, and 14 respectively at entry.
Garcia allegedly coached the victims to engage in prostitution to pay off smuggling debts; he kept their earnings and used them to satisfy debts and purchase clothes.
D.L., age 14, never had sex with customers but faced forced drinking and inappropriate touching; Garcia monitored victims closely and threatened harm to families if they escaped.
The PSR and district court facts formed the basis for sentencing enhancements, including a two-point § 2L1.1(b)(6) related to creating a risk of harm by coercing prostitution, and a six-point § 2L1.1(b)(8)(B) for minor victims who engaged in prostitution, with counts grouped for guideline calculation.
Garcia appealed on grounds including a supplemental jury instruction, sufficiency of evidence for trafficking counts, guideline calculations, and multiplicity of alien-harboring convictions; the court affirmed the conviction and sentence.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper jury instruction and sufficiency of evidence	Garcia argues the supplemental instruction altered essential elements and seeks insufficiency on three trafficking counts.	Garcia contends the instruction created confusion and that evidence does not satisfy §1591(a) elements.	Instruction proper; evidence sufficient for three trafficking convictions.
Guidelines enhancements and potential double-counting	Garcia objects to §2L1.1(b)(6) and §2L1.1(b)(8)(B) as double-counting for same conduct.	Government argues enhancements apply to different aspects (bodily harm risk vs. minor-prostitution specifics).	Enhancements upheld; any error harmless; double-counting not reversible under plain-error review.
Use of uncharged conduct for §2G1.3(d)(1) enhancement	Garcia challenges reliance on R.J.'s conduct not charged in counts.	Government maintains R.J.'s conduct is relevant as under-18 victim and part of the trafficking scheme.	Uncharged conduct plausibly considered relevant conduct and properly used.
Grouping of counts under §3D1.4	Garcia contends counts were improperly grouped, conflating minor sex-trafficking with alien harboring.	Government asserts separate offenses and that grouping does not prejudice the calculation.	No reversible plain error; even if error, sentencing outcome would be unchanged.
Multiplicity of alien-harboring convictions	Garcia argues some harboring convictions are multiplicious for the same offense.	Government maintains no plain error given lack of controlling precedent on “any place.”	No plain error; convictions and fees affirmed.

Key Cases Cited

United States v. Wright, 634 F.3d 770 (5th Cir. 2011) (instructions on statutory construction reviewed de novo)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard)
United States v. Xu, 599 F.3d 452 (5th Cir. 2010) (de novo review of evidence sufficiency post-judgment)
United States v. Olano, 507 U.S. 725 (U.S. 1993) (plain-error review framework)
United States v. Solis, 299 F.3d 420 (5th Cir. 2002) (relevance of conduct for sentencing under guideline 1B1.3)
United States v. Barraza, 655 F.3d 375 (5th Cir. 2011) (double-counting guidelines rule)
United States v. Hebron, 684 F.3d 554 (5th Cir. 2012) (plain-error standard—substantial rights and outcome)
United States v. Jackson, 549 F.3d 963 (5th Cir. 2008) (plain-error review application in multi-count cases)
United States v. Brooks, 610 F.3d 1186 (9th Cir. 2010) (§1591 elements can be satisfied even without final sex act)