Filed: Apr. 04, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 4, 2007 Charles R. Fulbruge III Clerk No. 06-40013 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ELOY LIENDO, JR., Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-1166 - Before DeMOSS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Eloy Liendo, Jr. appeals the sentence imposed fol
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 4, 2007 Charles R. Fulbruge III Clerk No. 06-40013 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ELOY LIENDO, JR., Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-1166 - Before DeMOSS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Eloy Liendo, Jr. appeals the sentence imposed foll..
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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 April 4, 2007
Charles R. Fulbruge III
Clerk
No. 06-40013
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELOY LIENDO, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:05-CR-1166
--------------------
Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Eloy Liendo, Jr. appeals the sentence imposed following his
guilty-plea conviction for transportation of undocumented aliens
by means of a motor vehicle for private financial gain. Liendo
argues that the district court erred in 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
*
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this opinion should not be published and is not precedent except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. 06-40013
-2-
error. United States v. Villanueva,
408 F.3d 193, 202 & n.9 (5th
Cir.), cert. denied,
126 S. Ct. 268 (2005).
The record reflects that Liendo was driving a tractor
trailer carrying four illegal aliens. Two of the aliens were
hiding in a compartment under the bottom bunk in the trailer’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).
The sentence is AFFIRMED.