United States Ninth Circuit

After a conviction for transporting illegal aliens, where defendant's reckless flight was the source of a six-level enhancement under U.S.S.G. section 2L1.1(b)(5), additional enhancement under section 3C1.2 must be reversed.

Appellate Information

• Argued 08/06/2002
• Decided 01/16/2003
• Published 01/16/2003

Judges

• PAEZ, Circuit Judge., Before T.G. NELSON, PAEZ, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Ramzi Nasser,Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Tiffany R. Stephan, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.