United States Ninth Circuit

Enhancement for creation of substantial risk of death or serious bodily harm under U.S.S.G. section 2L1.1(b)(5) is affirmed where defendant transported 18 people in a van with only 15 seatbelts, and traded off driving responsibility to forego substantive sleep breaks over a long journey.

Appellate Information

• Argued 01/14/2004
• Decided 04/06/2004
• Published 04/06/2004

Judges

• McKEOWN, Circuit Judge., Before:  WALLACE, NOONAN, and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Barry J. Portman, and Steven G. Kalar, Federal Public Defender, San Francisco, CA, for appellant Roberto Raul Carreno.


• For Appellees:
  
• Kevin V. Ryan, Hannah Horsley, Lewis A. Davis, and Michael L. Wang, U.S. Attorney's Office, Oakland, CA, for appellee United States of America.