United States v. Arturo Maldonado-Ochoa
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Arturo Maldonado-Ochoa appeals a sentence that includes an enhancement for “intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person.” United States Sentencing Guidelines (U.S.S.G.) § 2Ll.l(b)(6). The enhancement was for transporting unrestrained illegal aliens for an extremely short distance. Finding no error, we affirm.
I
Border Patrol agents in an unmarked vehicle noticed a pickup going east on a levee road just north of the Rio Grande River, the Mexican border. The truck stopped, and a number of individuals…
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