United States Fifth Circuit

Sentence for transporting an unlawful alien is vacated and remanded where the sentencing guideline enhancement for creating a substantial risk of death or serious bodily injury to another person was not automatically applicable to any case in which a defendant transports illegal aliens through the brush, but must be determined based on the facts of each case.

Appellate Information

• Decided 08/13/2008
• Published 08/13/2008

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, DeMOSS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kathlyn Giannaula Snyder, James Lee Turner, Asst. U.S. Attys., Eileen K. Wilson (argued), Houston, TX, for U.S., David Vincent Stith (argued), Corpus Christi, TX, for Mateo Garza.