United States v. Antonio Martinez-Avila

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio MARTINEZ-AVILA, Defendant-Appellant. No. 92-50449. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1993. Decided Nov. 9, 1993. 1 Before: NOONAN and LEAVY, Circuit Judges, TANNER * , Senior District Judge. 2 MEMORANDUM ** 3 Appellant Martinez-Avila appeals his 18-month sentence upon his conviction for conspiracy to transport illegal aliens. 4 Appellant claims that the district court's eight-month upward departure was unreasonable. 5 This is the companion case to United States v. Moreno-Hernandez, 92-50573. On January 2, 1992, Defendant Martinez-Avila approached the San Clemente checkpoint in a sedan carrying three illegal aliens. Upon being asked for his documents by the Immigration Inspector, Martinez-Avila fled the checkpoint, and a chase ensued at speeds up to 90 mph. The chase ended after 25 minutes when the defendant collided with…