United States v. Donaldo-Mejia

* 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that this opinion should not be published and is not precedent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
May 8, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50912
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDIS DONALDO-MEJIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-02-CR-349-2-OG
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Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Edis Donalado-Mejia appeals the sentence he received after
he pleaded guilty to illegally transporting aliens. Donaldo-
Mejia argues that the district court erred when it increased his
base offense level under U.S.S.G. § 2L1.1(b)(5) for creating a
substantial risk of death or serious bodily injury to the aliens
he transported. Commentary to the guideline supports the
district court’s increase inasmuch as the conditions the aliens

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No. 02-50912
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were placed in resembled the trunk of an automobile and were
otherwise crowded, dangerous, and inhumane. See § 2L1.1,
comment. (n.6). Thus, the district court’s increase was not
error. United States v. Cuyler, 298 F.3d 387, 389 (5th Cir.
2002).
AFFIRMED.

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