United States v. Juan Torres-Lopez

REINHARDT, Circuit Judge:

Juan Torres-Lopez appeals his sentence of 36 months of imprisonment imposed under the United States Sentencing Guidelines (Guidelines) following his conviction by guilty plea for transporting illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(B). Torres-Lopez contends that the district court erred by departing upward six levels based on circumstances surrounding a high-speed car chase that are already taken into account under Section 3C1.2 of the Guidelines. Such “double counting,” Torres-Lopez argues, violates the three-part test set out in United States v.…