United States v. Jose Jesus Lira-Barraza, Civ. A. No. 88-5161

Appeal from a sentence departing from sentencing commission guidelines (“Guide lines”). The district court’s opinion is affirmed except for the special assessment.

BACKGROUND

On January 5, 1988 at approximately 7 p.m., border patrol agents near Saltón Sea, California, became suspicious of the driver of an older model Mercury automobile. The driver, apparently the sole occupant of the vehicle, was sitting in a rigid manner and staring straight ahead as he drove past the agents. The rear of the Mercury was riding low as if heavily laden. The agents stopped the car to investigate the possibility that it was being used to smuggle aliens.

When the agents activated the emergency lights on their cruiser, the Mercury slowed and began to pull over. However, before reaching the side of the highway, it swung back onto the road and accelerated. The driver led the agents on a twelve-mile chase at speeds reaching ninety miles per hour. The car often swerved and passed other cars on the shoulder or in the left-hand lane.

When the Mercury finally stopped the agents arrested appellant LIRA-BARRA-ZA, an illegal alien, who had been driving. The agents discovered a number of undocumented aliens…