United States Fifth Circuit

Imposition of a sentence enhancement, for intentionally or recklessly creating a substantial risk of death or serious bodily injury to aliens, was proper under U.S.S.G. section 2L1.1(b)(5), where defendant smuggled aliens in the bed of a pickup truck while driving on the highway. (Revised opinion)

Appellate Information

• Decided 07/15/2002
• Published 08/07/2002

Judges

• E. GRADY JOLLY, Circuit Judge:, Before KING, Chief Judge, and JOLLY and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Janet Manning Bonner, San Antonio, TX, for Plaintiff-Appellee., M. Carolyn Fuentes, Lucien B. Campbell, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.