United States Fifth Circuit

Defendant's conviction and sentence for transporting illegal aliens are affirmed where: 1) the district court did not abuse its discretion in applying a reckless endangerment enhancement; 2) defendant presented no evidence to suggest that the "financial gain" aspect of 18 U.S.C. section 1324(a)(1)(B)(ii) erroneously informed the district court's decision; and 3) defendant's sentence would not have been affected by a reduction based on smuggling aliens other than for profit.

Appellate Information

• Decided 10/30/2009
• Published 10/30/2009

Judges

• PER CURIAM:, Before KING, GARZA and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Richard Berry and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Molly Estelle Odom and H. Michael Sokolow, Asst. Fed. Pub. Defenders, Houston, TX, for Garza.