United States v. Jose Villafranca, 2016 U.S. App. LEXIS 21481

Defendant Jose Javier Villafranca was convicted by jury of conspiring to transport and transporting undocumented aliens for financial gain in violation of 8 U.S.C. § 1324 and sentenced to 57 months' imprisonment.
On appeal Villafranca argued the district court clearly erred by applying a two-level special-skill enhancement under U.S.S.G. § 3B1.3 based on his possession of a commercial driver’s license (and truck-driving experience).
The enhancement under § 3B1.3 applies if a defendant used a special skill that significantly facilitated commission or concealment of the offense.
The record showed Villafranca had about fifteen years of commercial truck-driving experience, acted as a licensed driver, and transported aliens in a tractor-trailer through a busy corridor and checkpoint, giving the appearance of a legitimate load and making detection harder.
The Fifth Circuit relied on its prior precedent and other circuits holding tractor-trailer driving ability (as evidenced by a legitimately acquired CDL and experience) can constitute a special skill that significantly facilitates alien-transport offenses.
The court declined to consider Villafranca’s pro se late letter because there is no constitutional right to hybrid representation on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 3B1.3 special-skill enhancement was erroneous	Villafranca: possession of a CDL alone does not justify the enhancement	Government: Villafranca’s CDL and 15 years’ experience were special skills that facilitated concealment	Affirmed: district court did not clearly err; driving skill significantly facilitated the offense
Consideration of pro se post-briefing letter	Villafranca sought consideration of his pro se letter	Government: no right to hybrid representation on appeal; letter should not be considered	Affirmed: court did not consider the letter (no constitutional right to hybrid representation)

Ogbonna v. United States, 184 F.3d 447 (5th Cir. 1999) (no constitutional right to hybrid representation on appeal)
Ballard v. Burton, 444 F.3d 391 (5th Cir. 2006) (discussing precedential weight of unpublished decisions)
United States v. Pruett, 681 F.3d 232 (5th Cir. 2012) (standard for application of § 3B1.3 enhancement)
United States v. Berry, 717 F.3d 823 (10th Cir. 2013) (recognizing tractor-trailer driving ability as a special skill for § 3B1.3)
United States v. Smith, 332 F.3d 455 (7th Cir. 2003) (same)
United States v. Mendoza, 78 F.3d 460 (9th Cir. 1996) (same)