United States v. Mark Salinas, 918 F.3d 463

Daniel and Mark Salinas arranged and participated in transporting illegal aliens; Daniel drove a pickup and Mark received referral fees.
Officer Barrera attempted a traffic stop after recognizing Daniel; Daniel fled, crashed, and five aliens exited the vehicle and ran.
Three aliens fled into brush; two were found; Pedro Martinez became ill while fleeing, was hospitalized, and died of an acute myocardial infarction (heart attack).
Dr. Fortansus Salinas testified the heart attack was precipitated by the stress/exertion of running from law enforcement, though Martinez had preexisting health issues.
The district court applied a 10-level U.S.S.G. § 2L1.1(b)(7)(D) enhancement because a death occurred in the course of transporting unlawful aliens; defendants contested the enhancement on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the §2L1.1 death enhancement applies where the alien’s death (heart attack) followed flight from law enforcement	Salinas brothers: death was too tenuously connected to their conduct; enhancement improper without proximate causation.	Government: only but-for causation is required; defendants’ conduct put Martinez in position where he would run and die.	Court: enhancement applies; but-for causation suffices and the district court’s factual finding that running precipitated the heart attack was not clearly erroneous.

United States v. Ramos-Delgado, 763 F.3d 398 (5th Cir. 2014) (but-for causation suffices for §2L1.1 death enhancement)
Burrage v. United States, 571 U.S. 204 (Sup. Ct. 2014) (harm must be a but-for cause when defendant’s act is not independently sufficient)
United States v. Ruiz-Hernandez, 890 F.3d 202 (5th Cir. 2018) (defendant’s transport that placed victim in lethal circumstance satisfies but-for causation for enhancement)