United States v. Casares-Martinez

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40891
(Summary Calendar)
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO CASARES-MARTINEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
(99-CR-143-1)
--------------------
March 8, 2000
Before POLITZ, JOLLY, and WIENER, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Antonio Casares Martinez argues that the
district court erred in enhancing his offense level for reckless
endangerment pursuant to U.S.S.G. § 2L1.1(b)(5). Casares contends
that driving his vehicle containing alien passengers in the wrong
direction on a highway for a short time was not sufficiently
egregious conduct to warrant the enhancement. We disagree.
Enhancement adjustment is appropriate if the offense involves
the intentional or reckless creation of a substantial risk of death
or serious bodily harm to another person. See § 2L1.1(b)(5).

-- 1 of 2 --

2
Driving on a highway in the direction of oncoming traffic to avoid
apprehension by law enforcement authorities most assuredly is
reckless conduct that creates a substantial risk of death or
serious deadly harm to the occupants of the vehicle in question.
See United States v. Reyna, 130 F.3d 104, 112 (5th Cir. 1997)
(interpreting U.S.S.G. § 3C1.2). The district court’s
determination that the enhancement was warranted was not clearly
erroneous.
AFFIRMED.

-- 2 of 2 --