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U.S. v. RODRIGUEZ-MESA

No. 04-41757.

443 F.3d 397 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Julian RODRIGUEZ-MESA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 15, 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., H. Michael Sokolow (argued), Houston, TX, for Defendant-Appellant.

Before KING, BARKSDALE and PRADO, Circuit Judges.

PER CURIAM:

Defendant-appellant Julian Rodriguez-Mesa pleaded guilty to one count of transporting an alien and was sentenced to nineteen months in prison and two years of supervised release. The question presented in this appeal is whether the district court, in sentencing Rodriguez-Mesa, erred in applying the enhancement for "intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person" for Rodriguez-Mesa's transportation...

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