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U.S. v. JOSE-GONZALEZ

No. 01-1261.

291 F.3d 697 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Guadalupe JOSE-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 28, 2002.

Attorney(s) appearing for the Case

Raymond P. Moore, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, and Jenine Jensen, Assistant Federal Public Defender, with him on the briefs), Denver, Colorado, for Defendant-Appellant.

James C. Murphy, Assistant United States Attorney (John W. Suthers, United States Attorney, with him on the brief), Denver, Colorado, for Plaintiff-Appellee.

Before LUCERO, ANDERSON, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Defendant, Guadalupe Jose-Gonzalez, appeals his sentence for transporting unlawful aliens. In sentencing Defendant, the district court departed upward from the Sentencing Guidelines range to account for the multiple deaths and injuries resulting from Defendant's criminal conduct. Defendant argues that the court lacked grounds for an upward departure and, even if there were adequate grounds, the extent...

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