United States DC Circuit

Abundant evidence supports a four-level enhancement under USSG 3B1.1(a) for illegal alien smuggling activity where defendant's counsel stated at his sentencing that defendant was "in charge of maintaining...the operation of the boat," and defendant failed to contest that the aliens and vessel "would not have made it to America" without him; a five-year mandatory minimum sentence applies under 8 USC 1324(a)(2)(B)(ii) where defendants admitted attempting to smuggle three or more unauthorized aliens into the country.

Appellate Information

• Decided 01/29/2002
• Published 01/29/2002

Judges

Court

• United States DC Circuit

Counsel