United States v. McKinley

PER CURIAM: **

Bobbie McKinley appeals the sentence imposed following his guilty plea to transporting an illegal alien inside the United States. He contends the district court erred by adjusting his offense level for recklessly creating a substantial risk of death or serious bodily injury, pursuant to U.S.S.G. § 2Ll.l(b)(6). 1 We vacate the sentence and remand for resentencing.

The court based the adjustment on the placement of four illegal aliens in the sleeper compartment of McKinley’s tractor/trailer. One of the four was found in a small compartment in the vehicle — a closet behind the…