USA v. Walters

Filing 920070813


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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 13, 2007 Charles R. Fulbruge III Clerk No. 06-40949 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LARRY MICHAEL WALTERS, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-1182-ALL -------------------Before JOLLY, DENNIS, and CLEMENT, Circuit Judges: PER CURIAM:* Larry Michael Walters appeals the sentence imposed following his guilty plea conviction for transporting an undocumented alien by means of a motor vehicle for private financial gain. Walters argues that the district court erred by increasing his offense level pursuant to U.S.S.G. 2L1.1(b)(5) after finding that the offense "involved intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person." Even after United States v. Booker, 543 U.S. 220 (2005), we review the district court's findings of fact for clear error and Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * No. 06-40949 -2the district court's interpretation and application of the Sentencing Guidelines de novo. United States v. Villanueva, 408 F.3d 193, 202 & n.9 (5th Cir. 2005). The record reflects that Walters was driving a tractor-trailer carrying five illegal aliens. Three of the aliens were hiding in a compartment under the bunk in the tractor's sleeper area from which they could not easily extricate themselves. The district court did not err in concluding that these circumstances qualified as intentional or reckless creation of a "substantial risk of death or serious bodily injury to another person." See United States v. Rodriguez-Mesa, 443 F.3d 397, 401-03 (5th Cir. 2006); U.S.S.G. 2L1.1, comment.(n.6). AFFIRMED.

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