United States v. Enriquez

* 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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-50230
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RENE ENRIQUEZ,
Defendant-
Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-99-CR-513-ALL
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October 15, 2001
Before DAVIS, BENAVIDES and STEWART, Circuit Judges:
PER CURIAM:*
Rene Enriquez appeals his sentence for transporting illegal aliens in violation of 8 U.S.C.
§ 1324(a)(1)(A)(ii). He contends that the district court clearly erred in enhancing his sentence
pursuant to § 2L1.1(b)(5) of the sentencing guidelines. Section 2L1.1(b)(5) provides for an increase
in a defendant’s offense level if the offense involved intentionally or recklessly creating a substantial
risk of death or serious bodily injury to another person. Enriquez was stopped for driving 98 miles
per hour (mph) in a 70 mph zone. Upon inspection of the vehicle, the trooper observed nine illegal
aliens from Mexico hiding on the floor of the van. The van had a rate capacity of seven persons. The
district court did not err in applying § 2L1.1(b)(5) to enhance Enriquez’s sentence.

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No. 01-50230
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AFFIRMED.

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