United States Ninth Circuit

A conviction and sentence for bringing an unauthorized alien to the United States without presenting him for inspection at the port of entry is affirmed in part and vacated as to the sentence where the district court did not err in refusing to give a lesser-included-offense instruction to the jury; but 2) the district court erred in finding that defendant was subject to a sentencing enhancement under U.S.S.G. section 2L1.1(b)(5), for transporting an alien in a manner creating a "substantial risk of death or serious bodily injury."

Appellate Information

• Argued 12/05/2006
• Decided 09/04/2007
• Published 09/04/2007

Judges

• Before:  STEPHEN REINHARDT, ALEX KOZINSKI and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Matthew C. Shaftel and Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney for the Southern District of California, San Diego, CA;  Roger W. Haines, Jr., Assistant United States Attorney, San Diego, CA;  Christopher P. Tenorio, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.