Luna-Moreno

MEMORANDUM **

Appellant Javier Luna-Moreno appeals his sentence for transporting aliens in violation of 8 U.S.C. § 1324 (a)(1)(A)(ii). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

*639 1. The district court did not abuse its discretion, see United States v. Hernandez-Guardado, 228 F.3d 1017, 1027 (9th Cir.2000), in applying U.S.S.G. § 2L1.1(b)(5) to Luna-Moreno, thus increasing his offense level to 18 for “recklessly creating a substantial risk of death or serious bodily injury to another.” Application note 6 to § 2L1.1(b)(5) provides:

U.S.S.G. § 2L1.1(b)(5) cmt. n. 6 (2000). Transporting ten people on the highway in the bed of a pickup truck protected by only a camper shell is more dangerous than carrying more people in a van than it was designed to hold, which this court has already held permits the § 2L1.1(b)(5) increase. See Hernandez-Guardado, 228 F.3d at 1027-28 . Not only are there no seatbelts in the bed of a pickup truck, there are not even any seats. And a camper shell provides less protection than does the passenger compartment of a vehicle.

The only other published opinion from this court addressing § 2L1.1(b)(5) is United States v. Dixon, 201 F.3d…