United States Fifth Circuit

A sentence for transporting an alien is vacated where, although there was no error in application of an enhancement for "intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person" for defendant's transportation of an illegal alien, a remand for resentencing was required under Booker. (Revised)

Appellate Information

• Decided 04/14/2006
• Published 04/17/2006

Judges

• PER CURIAM:, Before KING, BARKSDALE and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David Hill Peck (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Fed. Pub. Def., H. Michael Sokolow (argued), Houston, TX, for Defendant-Appellant.