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U.S. v. TORRES

No. 09-40678.

601 F.3d 303 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio Rodolfo TORRES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 4, 2010.

Attorney(s) appearing for the Case

Eileen K. Wilson, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Sarah Beth Landau and Laura Fletcher Leavitt, Asst. Fed. Pub. Defenders, Houston, TX, for Torres.

Before JOLLY and DENNIS, Circuit Judges, and JORDAN, District Judge.

PER CURIAM:

Defendant-Appellant Antonio Rodolfo Torres pleaded guilty to one count of transporting an illegal alien within the United States, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii). Torres contends the district court erred in adjusting his offense level for "intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person" based on Torres's transportation of four illegal...

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