United States Eleventh Circuit

Defendant's alien smuggling conviction and sentence are affirmed where: 1) officers do not violate the Fourth Amendment simply by approaching an individual on the street or in some other public place and asking a question or asking for identification; 2) the government properly offered a redacted portion of a Form I-213 only to demonstrate that the aliens found on defendant's boat were deportable and inadmissible; and 3) the district court did not clearly err by applying the sentencing guideline enhancement for intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person.

Appellate Information

• Decided 01/27/2010
• Published 01/27/2010

Judges

• MARCUS, Circuit Judge:, Before MARCUS and WILSON, Circuit Judges, and RESTANI, Judge.

Court

• United States Eleventh Circuit

Counsel