United States Ninth Circuit

Sentence enhancement for creating a substantial risk of death or serious injury for alien smuggling under USSG 2L1.1(b)(5) may apply to defendants that knew certain route was dangerous even though death resulted from risk not normally associated with that route.

Appellate Information

• Argued 04/05/2001
• Decided 07/03/2001
• Published 07/03/2001

Judges

• HUG, Circuit Judge:, Before:  HUG, DUHE, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Knut S. Johnson, San Diego, California, Sylvia Baiz, San Diego, California, and Stephen D. Lemish, El Cajon, California, for the appellants.


• For Appellees:
  
• John N. Parmley, Assistant United States Attorney, San Diego, California, for the appellee.