United States v. Fernando Armenta-Romero

MEMORANDUM

Fernando Armenta-Romero and Carlos Hernandez-Palma (“Appellants”) agreed to illegally transport Mexican nationals, Jaqueline Capistran-Ochoa (“Capistran”) and her husband, Baltazar Razo-Barreto (“Razo”), across the border between Mexico and the United States. During the crossing, which took the group through the Otay Mountains, Capistran, who was diabetic and pregnant, died. Appellants pleaded guilty to aiding and abetting bringing an alien into the United States resulting in death, in violation of 8 U.S.C. § 1324 (a)(l)(A)(i), (v)(II), (a)(l)(B)(iv) & 18 U.S.C. § 2 , and aiding and abetting bring ing an alien into the United States for financial gain, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) & 18 U.S.C. § 2 . The district court sentenced Armenta-Romero to 57 months’ imprisonment, and Hernandez-Palma to 84 months’ imprisonment. Appellants appeal the district court’s application of two United States Sentencing Guideline enhancements, U.S.S.G. § 2Ll.l(b)(6) & (b)(7), in the calculation of their criminal sentences.

We have jurisdiction under 28 U.S.C. § 1291 . We assume for purposes of this appeal that clear and convincing evidence was required to support the…