United States v. Brown

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
August 20, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41682
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIE MARGARET BROWN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-786-1
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Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Marie Margaret Brown appeals from the sentence imposed for
transporting illegal aliens within the United States in violation
of 8 U.S.C. § 1324. She argues that the district court erred by
increasing her offense level under U.S.S.G. § 2L1.1(b)(5) because
her offense involved intentionally or recklessly creating a
substantial risk of death or serious bodily injury to the illegal
aliens she transported. Because the transportation of aliens in
the trunk of a vehicle is specifically listed in the comments to

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No. 02-41682
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U.S.S.G. § 2L1.1(b)(5) as the type of conduct contemplated by
the Sentencing Commission in drafting this guideline provision
and because the district court determined that the aliens being
transported in the trunk of an automobile without seats or
restraints were susceptible to serious bodily injury or death
in the event of an accident, the district court did not err
in increasing Brown’s offense level under U.S.S.G. § 2L1.1(b)(5).
See U.S.S.G. § 2L1.1, comment. (n.6). Accordingly, the district
court’s judgment is AFFIRMED.

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