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U.S. v. ZUNIGA-AMEZQUITA

No. 06-40081.

468 F.3d 886 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Ginaldo ZUNIGA-AMEZQUITA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 31, 2006.

Attorney(s) appearing for the Case

David Hill Peck (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Sarah Beth Landau (argued), Houston, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Ginaldo Zuniga-Amezquita appeals the enhancement of his sentence. Because his method of transporting aliens created a substantial risk of death or serious bodily injury, we affirm.

I.

Zuniga-Amezquita pulled his van into the inspection lane of a Border Patrol checkpoint, whereupon agents discovered five undocumented Mexican nationals lying side-by-side in the cargo area, concealed...

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