United States v. Adan Pineda-Doval

BACKGROUND

Because we discussed the facts of this case in the prior appeal, United States v. Pineda-Doval, 614 F.3d 1019, 1023-24 (9th Cir. 2010), we provide only a short summary here. Pineda-Doval, a Mexican national and migrant worker who was twenty-one years old at the time, drove a large Chevy Suburban carrying twenty undocumented immigrants into Arizona. They encountered Border Patrol Agent Corey Lindsay about forty-five miles from the border. Agent Lind- say followed the Suburban for some time. Pineda-Doval then attempted to swerve around a spike strip that was deployed by other agents, with whom Agent Lindsay had communicated. At some point during the pursuit and before reaching the spike strip, Pineda-Doval exclaimed “encomendarse a Dios!” —translated at trial to “commend yourself to God, because we are being pursued.” The Suburban evaded the spike strip but the sudden shift in weight caused it to roll end-over-end. Many passengers were thrown from the Suburban, and ten passengers died. After a seven-day trial, a jury found Pineda- Doval guilty on all charged counts. For each of the ten counts of transportation of illegal aliens resulting in death, the district court…

Opinion by Judge B. FLETCHER; Dissent by Judge GRABER.

OPINION

Defendant-Appellant Adan Pineda-Doval (“Pineda-Doval”) appeals the district court’s imposition of ten concurrent life sentences for his convictions for ten counts of transportation of illegal aliens resulting in their deaths. See 8 U.S.C. § 1324 (a)(1)(A)(ii), (a)(l)(B)(iv). In the prior appeal, we affirmed Pineda-Doval’s convictions but remanded for resentencing. On remand, the district court reimposed the life sentences. We vacate and remand for resentencing.

BACKGROUND

Because we discussed the facts of this case in the prior appeal, United States v. Pineda-Doval, 614 F.3d 1019, 1023-24 (9th Cir.2010), we provide only a short summary here. Pineda-Doval, a Mexican national and migrant worker who was twenty-one years old at the time, drove a large Chevy Suburban carrying twenty undocumented immigrants into Arizona. They encountered Border Patrol Agent Corey Lindsay about forty-five miles from the border. Agent Lindsay followed the Suburban for some time. Pineda-Doval then attempted to swerve around a spike strip that was deployed by other agents, with whom Agent Lindsay had communicated. At some point during the…

dissenting:

I respectfully dissent.

“Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court’s opportunity to judge the witnesses’ credibility.” Fed.R.Civ.P. 52(a)(6).

Anderson v. City of Bessemer City, 470 U.S. 564, 573-74 , 105 S.Ct. 1504 , 84 L.Ed.2d 518 (1985) (internal quotation marks and citations omitted) (emphasis added); see also United States v. Hinkson, 585 F.3d 1247, 1261 (9th Cir.2009) (en banc) (“[T]he Supreme Court’s precedent convinces us that any ‘definite and firm conviction’ of the reviewing court must still include some measure of deference to the trial court’s factual determinations.”).

That general rule applies with particular force to the weighing of witnesses’ credibility. “When findings are based on determinations regarding the credibility of witnesses, Rule 52(a) demands even greater deference to the trial court’s findings; for only the trial judge can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener’s understanding of and belief in what is said.” Anderson, 470 U.S. at 575 , 105 S.Ct. 1504 ;…