United States v. Francisco Hernandez

PER CURIAM: *

Francisco Hernandez pleaded guilty to one count of transporting an alien within the United States for financial gain. He challenges the district court’s application of a sentencing enhancement pursuant to section 2Ll.l.(b)(6) of the Guidelines, which applies to smuggling conduct that creates a substantial risk of death or serious bodily injury. The district court applied that enhancement based on Hernandez’s instruction to the individuals' being smuggled that they “run” after border patrol stopped his vehicle. As a result, two of the aliens crossed a highway with one being hit by…