United States v. Juan Torres-Lopez

Juan Torres-Lopez appeals his sentence of 36 months of imprisonment imposed under the United States Sentencing Guidelines (Guidelines) following his conviction by guilty plea for transporting illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(B). Torres-Lopez contends that the district court erred by departing upward six levels based on circumstances surrounding a high-speed car chase that are already taken into account under Section 3C1.2 of the Guidelines. Such “double counting,” Torres-Lopez argues, violates the three-part test set out in United States v. Lira-Barraza, 941 F.2d 745, 746-47 (9th Cir.1991) (en banc) for evaluating a district court’s decision to depart from the Guidelines.

We vacate Torres-Lopez’s sentence and remand for resentencing. The district court’s six level upward departure was based on conduct already adequately taken into account under the Guidelines. Accordingly, the upward departure is impermissible under Lira-Barraza .

FACTS AND PRIOR PROCEEDINGS

On May 14, 1992, at approximately 11:30 P.M., Border Patrol agents observed four suspected illegal aliens walking alongside Interstate 805 near San Ysidro, CA. Shortly thereafter, these four individuals…