United States v. Casimiro Gomez, Jr.

Casimiro Gomez, Jr. appeals the district court’s upward departure from the Sentencing Guidelines. We affirm.

FACTS

In November 1988, Casimiro Gomez, Jr. drove a van to the port of entry at Otay Mesa, California. Customs agents discovered a hidden compartment located behind a false wall in the rear of the van. The compartment was six feet wide, six feet high, and two feet deep. Inside the compartment were eight undocumented El Salvadorans, including a six-year-old child.

Gomez pled guilty to one count of transporting illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(B) (1988). On April 24, 1989, the district court sentenced Gomez to twenty-four months confinement and three years supervised release.

DISCUSSION

The base level for Gomez’s offense is nine. United States Sentencing Commission, Guidelines Manual § 2Ll.l(a) (Oct. 15, 1988) (hereinafter Guidelines). Gomez received a two-level reduction for accepting responsibility under Guidelines § 3El.l(a), resulting in a guideline range of one to seven months. Pursuant to the probation officer’s recommendation and for reasons the judge specified on the record, the district court departed upward and sentenced Gomez to…