Gonzalez-Morales

United States v. Gonzalez-Morales

Good Law
32 F. App'x 434
United States Court of Appeals for the Ninth CircuitMarch 21, 2002No. 01-50491; D.C. No. CR-01-00453-GTCalifornia488 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Gonzalez-Morales appeals his 30-month sentence imposed following his guilty-plea conviction for transportation of illegal aliens, in violation of 8 U.S.C. § 1324 (a) (1) (A) (ii). We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.

Gonzalez-Morales first contends that the district court erred by imposing a two-level enhancement under U.S.S.G. § 3C1.2 for reckless endangerment during flight. We review the district court’s determination that this adjustment is appropriate for clear error. United States v. Reyes-Oseguera, 106 F.3d 1481, 1482 (9th Cir.1997). In light of the undisputed facts that Gonzalez-Morales drove a van containing thirty-two people in the wrong direction for ten minutes on an interstate highway at night while attempting to elude the authorities, we cannot say that the district court clearly erred in applying the enhancement. See id. at 1483 (affirming application of enhancement where defendant’s potentially dangerous conduct “was not simply instinctive flight, but contained an additional element”).

Gonzalez-Morales next contends that the district court erred by failing to adjust, sua sponte, his guideline computation downward…

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