Legal Opinion

United States v. Omar Rodriguez-Lopez

Court of Appeals for the Eleventh Circuit

Decided March 25, 2004No. 03-12040PublishedCited by 85 opinions

1Opinion of the Court

DUBINA, Circuit Judge:

Appellant Omar Rodriguez-Lopez (“Rodriguez-Lopez”) appeals his sentence of 18 months imposed following his guilty plea for conspiracy and alien smuggling, in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324(a)(2)(A), respectively. Rodriguez-Lopez contends that the district court erred by misapplying USSG § 2L1.1(b)(5), which provides for a two-level enhancement when a smuggling offense “involved intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person.” USSG § 2L1.1(b)(5). For the reasons that follow, we affirm.

*1135I.…

2Cases cited10 opinions

  1. Stinson v. United StatesSupreme Court of the United States · 1993
  2. United States v. FutrellCourt of Appeals for the Eleventh Circuit · 2000
  3. United States v. Ted Stevenson Angwin and Christine KhamisCourt of Appeals for the Ninth Circuit · 2001
  4. United States v. Victor Ramirez-MartinezCourt of Appeals for the Ninth Circuit · 2001
  5. United States v. WhiteCourt of Appeals for the Eleventh Circuit · 2003

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3Cited by85 opinions

  1. Bonilla v. Baker Concrete Construction, Inc.Court of Appeals for the Eleventh Circuit · 2007
  2. United States v. Calvin MatchettCourt of Appeals for the Eleventh Circuit · 2015
  3. United States v. Anthony RobertsCourt of Appeals for the Eleventh Circuit · 2015
  4. United States v. RothenbergCourt of Appeals for the Eleventh Circuit · 2010
  5. United States v. CaraballoCourt of Appeals for the Eleventh Circuit · 2010

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