US v. Rodriguez, No. 10-40023

Illegal Alien Transportation Sentence Vacated

In US v. Rodriguez, No. 10-40023, the court vacated defendant's sentence for unlawfully transporting illegal aliens within the United States by means of a motor vehicle for private financial gain where the district court erred by applying a reckless-endangerment enhancement.

As the court wrote:  "Rodrigo Rodriguez pled guilty to two counts of unlawfully transporting illegal aliens within the United States by means of a motor vehicle for private financial gain in violation of 8 U.S.C. § 1324(a)(1)(A)(ii).   The district court found that Rodriguez had recklessly endangered the lives of the illegal aliens he was transporting and enhanced his sentence pursuant to § 2L1.1(b)(6) of the United States Sentencing Guidelines.   Rodriguez's sole challenge on appeal is to the district court's application of the reckless-endangerment enhancement."

Related Resources

• Read the Fifth Circuit's Decision in US v. Rodriguez, No. 10-40023