United States v. Roberto Raul Carreno

This appeal arises out of Roberto Carre-no’s conviction and seventy-month sentence for criminal violations of 8 U.S.C. § 1324 (alien transportation), 18 U.S.C. § 1203 (hostage taking), and 18 U.S.C. § 371 (conspiracy). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . Carreno raises a number of evi-dentiary and other claimed errors related to his jury trial. None of these rises to the level of reversible error. In sentencing Carreno to a seventy-month term, the district court imposed a sentence enhancement for creation of substantial risk of death or serious bodily harm under U.S.S.G. § 2Ll.l(b)(5). At issue is the degree of risk required to invoke this enhancement. Although no bright line guides our inquiry, we affirm because the district court’s articulated reasons for finding a substantial risk are supported by the evidence and fall within the court’s sentencing discretion.

BACKGROUND

THE HOSTAGE TAKING

This case stems from the. police arrest of Carreno and codefendant Jose Flores for transporting illegal aliens from Mexico. Carreno and Flores, van drivers for Olvera Van Tours (“OVT”), reportedly refused -to release two young boys to their family, due to a…