United States Eleventh Circuit

Defendant's sentence for conspiracy to encourage or induce aliens to enter the U.S., knowing or in reckless disregard of the fact that such entry was or would be in violation of law, which conduct resulted in death, is affirmed where: 1) to apply the U.S.S.G. section 2L1.1(b)(7) enhancement it must be reasonably foreseeable to a defendant that his actions or the actions of any other member of the smuggling operation could create the sort of dangerous circumstances that would be likely to result in serious injury or death, and defendant's conduct met this requirement; and 2) the court of appeals could not state that the district court erred in denying defendant's request to find that he committed the offense for a reason "other than for profit."

Appellate Information

• Decided 08/24/2010
• Published 08/24/2010

Judges

• Rosemary Barkett

Court

• United States Eleventh Circuit

Counsel