United States v. Lemus-Gonzalez

OWEN, Circuit Judge:

Fernando Lemus-Gonzalez was sentenced to 360 months of imprisonment for transporting illegal aliens for commercial advantage or private gain resulting in the death of five aliens. He appeals, contending that the Guidelines provision for second-degree murder should not have been applied and alternatively, that his sentence is unreasonable. We affirm.

I

Lemus-Gonzalez, a citizen of Mexico who had been living illegally in Conroe, Texas for approximately fifteen years, was hired by a man known as “Lalo” to transport three undocumented aliens for $400 each. In furtherance of this…