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U.S. v. RODRIGUEZ-LOPEZ

No. 03-12040.

363 F.3d 1134 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Omar RODRIGUEZ-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 25, 2004.

Attorney(s) appearing for the Case

Joaquin Mendez, Jr. and Kathleen M. Williams, Federal Public Defenders, Miami, FL, for Defendant-Appellant.

Gerald E. Greenberg, Anne R. Schultz, Harriett Galvin, Miami, FL, for Plaintiff-Appellee.

Before DUBINA, BARKETT and COX, Circuit Judges.

DUBINA, Circuit Judge:

Appellant Omar Rodriguez-Lopez ("Rodriguez-Lopez") appeals his sentence of 18 months imposed following his guilty plea for conspiracy and alien smuggling, in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324(a)(2)(A), respectively. Rodriguez-Lopez contends that the district court erred by misapplying USSG § 2L1.1(b)(5), which provides for a two-level enhancement when a smuggling offense "involved intentionally or recklessly creating...

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