United States v. Julian Rodriguez-Mesa

Defendant-appellant Julian Rodriguez-' Mesa pleaded guilty to one count of transporting an alien and was sentenced to nineteen months in prison and two years of supervised release. The question presented in this appeal is whether the district court, in sentencing Rodriguez-Mesa, erred in applying the enhancement for “intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person” for Rodriguez-Mesa’s transportation of an illegal alien. See U.S. Sentencing Guidelines Manual § 2Ll.l(b)(5) (2003) [hereinafter U.S.S.G.]. Although we conclude that the…