Lopez-Ramos

United States v. Lopez-Ramos

Good Law
52 F. App'x 936
United States Court of Appeals for the Ninth CircuitDecember 10, 2002No. 02-10098; D.C. No. CR-01-00482-SRBCalifornia265 words

Opinion

Lead Opinion

MEMORANDUM **

Jesus Lopez-Ramos appeals his 192-month sentence imposed following his guilty-plea conviction of bringing illegal immigrants into the United States, in violation of 8 U.S.C. § 1324 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Lopez-Ramos contends that the district court erred by granting a two-level enhancement based on recklessly creating a substantial risk of death or serious bodily injury pursuant to USSG § 2Ll.l(b)(5). We disagree. The district court did not abuse its discretion in applying the enhancement based on a finding that Lopez-Ramos was familiar with the harsh terrain, the extreme temperature, the possibility of delay, and the danger of avoiding Border Patrol while walking through the desert without adequate supplies. See United States v. Rodriguez-Cruz, 255 F.3d 1054 (9th Cir.2001) (affirming a sentence enhancement where appellants knew the danger of leading an alien group through the rugged mountains with inadequate supplies).

Lopez-Ramos also challenges the district court’s application of a three-level enhancement based on a finding that Lopez-Ramos was a supervisor or manager pursuant to USSG § 3Bl.l(b). Reviewing for clear…

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