United States v. Bonifacio Tavira-Hernandez

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bonifacio TAVIRA-HERNANDEZ, Defendant-Appellant. No. 92-50578. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 9, 1993. Decided May 21, 1993. Before FARRIS, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Appellant challenges his sentence under the Guidelines for transportation of illegal aliens. See 8 U.S.C. § 1324 (a)(1)(B). The district court sentenced him to 21 months' imprisonment, based on a criminal history category of II, a base offense level of nine, and several adjustments. We vacate Tavira-Hernandez's sentence and remand on the ground that the district court improperly increased the offense level by two points for property damage. 3 The district court three times adjusted appellant's offense level upward, awarding a two-point enhancement for reckless endangerment during flight, U.S.S.G. § 3C1.2, a two-point…