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United States v. Castillo-Torrecilla, 04-1556 (2004)

Court: Court of Appeals for the Eighth Circuit Number: 04-1556 Visitors: 38
Filed: Oct. 19, 2004
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-1556 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. Gonzalo Castillo-Torrecilla, * * [UNPUBLISHED] Appellant. * _ Submitted: October 7, 2004 Filed: October 19, 2004 _ Before MURPHY, FAGG, and SMITH, Circuit Judges. _ PER CURIAM. Gonzalo Castillo-Torrecilla appeals the sentence the district court1 imposed after he pleaded guilty to knowingly transpor
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 04-1556
                                    ___________

United States of America,                *
                                         *
             Appellee,                   *
                                         * Appeal from the United States
      v.                                 * District Court for the
                                         * Southern District of Iowa.
Gonzalo Castillo-Torrecilla,             *
                                         * [UNPUBLISHED]
             Appellant.                  *
                                    ___________

                               Submitted: October 7, 2004
                                  Filed: October 19, 2004
                                   ___________

Before MURPHY, FAGG, and SMITH, Circuit Judges.
                           ___________

PER CURIAM.

       Gonzalo Castillo-Torrecilla appeals the sentence the district court1 imposed
after he pleaded guilty to knowingly transporting illegal aliens within the United
States for financial gain, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii), (A)(v)(II), and
(B)(i). At sentencing, over Castillo-Torrecilla’s objection, the district court imposed
an enhancement under U.S.S.G. § 2L1.1(b)(5) (offense-level enhancement for
intentionally or recklessly creating substantial risk of death or serious bodily injury
to another person), based on its finding that Castillo-Torrecilla had transported 18

      1
      The Honorable James E. Gritzner, United States District Judge for the
Southern District of Iowa.
persons, including himself, in a vehicle suited to seat 9-10. The court sentenced
Castillo-Torrecilla to 21 months imprisonment and 3 years supervised release. On
appeal, Castillo-Torrecilla challenges the enhancement.

       We find the district court did not clearly err in imposing the section 2L1.1(b)(5)
enhancement. See United States v. Kanatzar, 
370 F.3d 810
, 814 (8th Cir. 2004)
(standard of review); United States v. Flores-Flores, 
356 F.3d 861
, 863 (8th Cir.
2004) (upholding § 2L1.1(b)(5) enhancement based on overcrowded vehicle); United
States v. Ortiz, 
242 F.3d 1078
, 1079 (8th Cir. 2001) (per curiam) (same).

       Accordingly, we affirm. Castillo-Torrecilla’s motion to file a supplemental
brief in light of Blakely v. Washington, 
124 S. Ct. 2531
(2004), is denied.
                        ______________________________




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Source:  CourtListener

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