United States v. Alejandro Matus-Leva

Matus-Leva entered a conditional plea of guilty for two counts of bringing in illegal aliens resulting in death, 8 U.S.C. §§ 1324 (a)(1)(A)(i) and (a)(l)(B)(iv), and one count of bringing in illegal aliens for financial gain, 8 U.S.C. § 1324 (a)(2)(B)(ii). He was sentenced to sixty-three months imprisonment. He argues that the district court erred in failing to suppress his incriminating statements; that the alien smuggling statute, 8 U.S.C. § 1324 , violates Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000); that the district court erred in not requiring the government to establish mens rea to support the “resulting in ... death” factor of 8 U.S.C. § 1324 (a)(l)(B)(iv), and, alternatively, that the “resulting in ... death” requirement is void for vagueness; that the district court erred in refusing to bifurcate the trial to separate the “resulting in ... death” evidence from the remainder of the case. Finally, Matus-Leva alleges several sentencing errors under the Federal Sentencing Guidelines. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court in all respects.

I

On March 4, 2000, eleven individuals,…