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U.S. v. MIGUEL

Nos. 03-10217, 03-10218.

368 F.3d 1150 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Leigh Christina MIGUEL, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Norman Jeremiah Johnson, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2004.

Attorney(s) appearing for the Case

Rubin Slater, Jr., Tucson, AZ, for defendant-appellant Leigh Christina Miguel.

Harriette P. Levitt, Tucson, AZ, for defendant-appellant Norman Jeremiah Johnson.

Serra M. Tsethlikai, Assistant United States Attorney, Tucson, AZ, for plaintiff-appellee United States of America.

Before: O'SCANNLAIN, HAWKINS and FISHER, Circuit Judges.

FISHER, Circuit Judge:

On a hot summer day in July 2002, with temperatures over 100 degrees, Leigh Miguel and her uncle, Norman Johnson, were caught smuggling a group of five Mexican children and young adults in a four-door Dodge Stratus near Tucson, Arizona. Miguel had been pulled over by two sheriff's deputies who may have mistakenly believed the car's registration had expired. The five illegal immigrants, all from the same family and whose ages ranged from 4

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