United States v. Torres

Defendant-Appellant Antonio Rodolfo Torres pleaded guilty to one count of transporting an illegal alien within the United States, in violation of 8 U.S.C. § 1324(a)(l)(A)(ii). Torres contends the district court erred in adjusting his offense level for “intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person” based on Torres’s transportation of four illegal aliens in the sleeper compartment of his tractor-trailer, one of whom was hiding under the sleeping area. U.S. Sentencing Guidelines Manual § 2Ll.l(b)(6). For the following reasons, we…