United States v. Silviano Rodriguez-Osorio

977 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Silviano RODRIGUEZ-OSORIO, Defendant-Appellant. No. 91-50824. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Oct. 7, 1992. Before WIGGINS, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Rodriguez-Osorio appeals a departure upward for transportation of illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(B). This is a high speed chase case, similar to United States v. Hernandez-Rodriguez, --- F.2d ---- (9th Cir.1992) (slipsheet op. 11175, case no. 91-50572), which came down during the pendency of this appeal. We reverse. 3 Rodriguez-Osorio's offense level was nine, less a two point reduction for acceptance of responsibility, plus a two point enhancement for reckless endangerment during flight under U.S.S.G. § 3C1.2. With a criminal history category of II, his guideline range was 6-12 months. The district…