U.S. v. DE JESUS-OJEDA

No. 05-41265.

515 F.3d 434 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Maria DE JESUS-OJEDA, Jose Geronimo-Mendez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 24, 2008.


Attorney(s) appearing for the Case

John Richard Berry (argued), and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Larry Chris Iles (argued), Rockport, TX, for Jesus-Ojeda.

Philip T. Cowen (argued), Brownsville, TX, for Geronimo-Mendez.

Before GARWOOD, DENNIS and OWEN, Circuit Judges.


OWEN, Circuit Judge:

Based on the facts of this case, it was foreseeable by participants in an unlawful alien smuggling scheme conducted in South Texas in August that others involved in the endeavor would take the aliens on foot through brush and hostile terrain and that death or serious bodily injury might result. The district court did not err in applying sentencing enhancements under U.S.S.G. § 2L1.1(b)(5) and (6),1 and the evidence...

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