United States Tenth Circuit

A sentence for transporting illegal aliens within the U.S. is vacated where neither the district court's factual findings, nor the evidence underlying such findings, supported a 6-level sentence enhancement for "recklessly creating a substantial risk of death or serious bodily injury" where defendant fell asleep at the wheel while transporting illegal aliens, resulting in a fatal accident.

Appellate Information

• Decided 06/14/2006
• Published 06/14/2006

Judges

• BRISCOE, Circuit Judge., Before HENRY, BRISCOE, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Sharon Preston, Attorney at Law, Salt Lake City, UT, for Defendant-Appellant., Karin M. Fojtik, Assistant United States Attorney (Paul M. Warner, United States Attorney, with her on the brief), District of Utah, Salt Lake City, UT, for Plaintiff-Appellee.