USA v. Carlos Cabrera-Ruiz

Filing 511129264

USA v. Carlos Cabrera-Ruiz

Doc. 511129264

Case: 09-40651

Document: 00511129264

Page: 1

Date Filed: 06/02/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-40651 S u m m a r y Calendar June 2, 2010 Lyle W. Cayce Clerk

U N I T E D STATES OF AMERICA, P la in tiff-A p p e lle e v. C A R L O S ALBERTO CABRERA-RUIZ, D e fe n d a n t-A p p e lla n t

A p p e a l from the United States District Court fo r the Southern District of Texas U S D C No. 2:09-CR-8-1

B e fo r e GARZA, CLEMENT, and OWEN, Circuit Judges. P E R CURIAM:* C a r lo s Cabrera-Ruiz appeals the 108-month sentence imposed following h is plea of guilty to conspiracy to transport aliens, resulting in two deaths. The d i s tr ic t court deviated upward from the guidelines range of 78 to 97 months after c o n c lu d i n g that the range did not adequately account for repeated instances of r e c k le s s endangerment, the number of deaths, and the injuries to several aliens. T h e court also concluded that the range was insufficient to satisfy the goals of a d e q u a t e punishment, deterrence, and protection of the public.
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*

Dockets.Justia.com

Case: 09-40651

Document: 00511129264 Page: 2 No. 09-40651

Date Filed: 06/02/2010

W e review the sentence for reasonableness in light of the factors set out in 18 U.S.C. § 3553(a), utilizing an abuse of discretion standard that affords d e fe r e n c e to the district court's superior position to make sentencing d e te r m in a tio n s . Gall v. United States, 552 U.S. 38, 50)51 (2007). Under that s ta n d a r d , we cannot say that the sentence imposed was unreasonable. There w a s evidence that Cabrera-Ruiz guided numerous aliens through dangerous t e r r a in and brush over a two-day period, with some reporting insufficient food a n d water and threats of physical violence from Cabrera-Ruiz; that upon r e a c h in g a rendezvous point, some 18 aliens were instructed to get into a single p ic k u p truck, with some in the cab, some lying in the truck bed, and two having to ride in the truck's toolbox; that the driver left the road at high speed to avoid b e in g stopped for a traffic violation; that an accident ensued, killing two of the a lie n s and causing injuries, some severe, to others; and that Cabrera-Ruiz fled w it h o u t assisting any of those in the truck. These facts support the district c o u r t 's analysis under the § 3553(a) factors. C a b r e r a -R u iz contends that the court failed sufficiently to account for his la c k of criminal history and improperly held him responsible for the actions of t h e driver, over whom he had no control. Nevertheless, we cannot say that the d is tr ic t court unreasonably concluded that Cabrera-Ruiz bore substantial r e s p o n s ib ility given his conduct and role, nor did the court unreasonably c o n c lu d e that the guidelines range did not sufficiently account for the various in s t a n ce s of reckless endangerment over the course of the two-day journey, the t w o deaths, and the numerous injuries. We find no abuse of discretion in the c o u r t 's determination that a sentence of 108 months, which is 11 months above th e top of the guidelines range, was necessary to satisfy the goals of § 3553(a). A F F IR M E D .

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