United States v. Jose Maria Galvez-Villareal

Galvez-Villareal pled guilty to two counts of transporting undocumented aliens in violation of 8 U.S.C. § 1324 (a)(1)(B). On appeal, he claims that the district court sentenced him erroneously under the Sentencing Guidelines by both failing to adjust downward because the offense was not committed for profit and improperly departing upward. We affirm the district court on both issues.

I. FACTS

Galvez-Villareal, a citizen of the United States of Mexico, was arrested by Border Patrol agents in San Diego after a five- to seven-minute high-speed chase which traversed interstate freeways and streets in a residential neighborhood and an industrial park area. Although a drug test was not executed, the arresting officer testified that the appellant had fresh track marks on one arm, indicating recent heroin use. There were nine passengers, all of whom were Mexican nationals, in the ear — seven in the passenger compartment and two in the trunk.

Seven of the passengers were deported immediately, and two were retained as material witnesses. Both passengers testified that they did not know the defendant previously and that he had picked them up on the U.S. side of the border. The sum to have…