United States Tenth Circuit

A sentence for transporting illegal aliens for private financial gain is affirmed over defendant's challenges to: 1) the application of a two-level enhancement under U.S.S.G. section 2L1.1(b)(8) for detaining an alien involuntarily through coercion or threat, or in connection with a demand for payment; and 2) a decision to grant a motion for an upward departure and upward variance.

Appellate Information

• Decided 11/12/2008
• Published 11/13/2008

Judges

• TACHA, Circuit Judge., Before TACHA, HOLLOWAY, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Cyd Gilman, Assistant Federal Public Defender, Office of the Federal Public Defender, Wichita, KS, appearing for the Appellant.


• For Appellees:
  
• Brent I. Anderson, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Office of the United States Attorney, Wichita, KS, appearing for the Appellee.