U.S. v. MATEO GARZA

No. 07-40962.

541 F.3d 290 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Raul MATEO GARZA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 13, 2008.


Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder, James Lee Turner, Asst. U.S. Attys., Eileen K. Wilson (argued), Houston, TX, for U.S.

David Vincent Stith (argued), Corpus Christi, TX, for Mateo Garza.

Before SMITH, DeMOSS and STEWART, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Raul Garza pleaded guilty of transporting an unlawful alien. He appeals the enhancement of his sentence according to U.S.S.G. § 2L1.1(b)(6) (2006) for creating a "substantial risk of death or serious bodily injury to another person." We vacate and remand for re-sentencing.

I.

In late April 2007, Captain L. Valadez, a Jim Wells County Sheriff's Deputy, stopped Garza's red pickup truck because of an obstructed license...

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