United States v. Armando Casillas-Hernandez, A/K/A Marcos Alberto Gonzalez-Hernandez

976 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Armando CASILLAS-HERNANDEZ, a/k/a Marcos Alberto Gonzalez-Hernandez, Defendant-Appellant. No. 91-50552. United States Court of Appeals, Ninth Circuit. Submitted June 4, 1992. * Decided Sept. 17, 1992. Before POOLE, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Armando Casillas-Hernandez (Casillas) appeals his sentence for transporting unlawful aliens in violation of 8 U.S.C. § 1324 (a)(1)(B). Casillas argues that the district court erred by departing upward three levels because Casillas endangered others while fleeing Border Patrol agents. We vacate and remand for resentencing. STATEMENT OF CASE 3 Casillas entered this country illegally. He agreed to drive other aliens north to Los Angeles in lieu of payment for his own transportation. On January 9, 1991, Casillas loaded eight aliens into a car, three of them in the trunk, and headed north onto…