United States v. Otoniel Hererra-Nunez, United States of America v. Francisco Elizalde-Uriquiza

15 F.3d 1092 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Otoniel HERERRA-NUNEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Francisco ELIZALDE-URIQUIZA, Defendant-Appellant. No. 93-50127. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1993. Decided Dec. 23, 1993. Before: HUG, SCHROEDER, and FERGUSON, Circuit Judges. 1 MEMORANDUM * 2 Otoniel Hererra-Nunez and Francisco Elizalde-Uriquiza appeal the district court's upward departure from the Sentencing Guidelines, pursuant to 18 U.S.C. Sec. 3553 (b) (1988), when it sentenced the defendants for conspiracy to transport illegal aliens and aiding and abetting the transportation of illegal aliens. Appellants were found to have transported seventeen aliens in a three and one-half feet by seven and one-half feet hidden compartment of a truck. 3 The district court sentenced Hererra-Nunez to twenty-two months in jail and…