United States Fifth Circuit

Defendants' sentences arising from an illegal alien smuggling scheme is affirmed where the evidence was sufficient to support the jury's findings and sentencing enhancements under U.S.S.G. section 2L1.1(b)(5) and (6) were properly applied as, based on the facts of the case, it was foreseeable by participants in the scheme conducted in South Texas in August that others involved in the endeavor would take the aliens on foot through brush and hostile terrain and that death or serious bodily injury might result.

Appellate Information

• Decided 01/24/2008
• Published 01/25/2008

Judges

• OWEN, Circuit Judge:, Before GARWOOD, DENNIS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Richard Berry (argued), and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Larry Chris Iles (argued), Rockport, TX, for Jesus-Ojeda., Philip T. Cowen (argued), Brownsville, TX, for Geronimo-Mendez.