Background

• Rodrigo Rodriguez pled guilty to two counts of unlawfully transporting aliens for private financial gain in violation of 8 U.S.C. § 1324(a)(1)(A)(ii).
• The district court applied the reckless-endangerment enhancement § 2L1.1(b)(6) based on multiple proffers and PSR findings.
• The PSR cited three potential bases for the enhancement: (a) eight adults in a five-seat SUV, (b) three aliens stacked in the cargo area, (c) two women left without food, water, or bathroom facilities.
• The district court rejected the first and third bases and did not expressly decide on the stacked-cargo-area finding, but relied on PSR language.
• The government urged use of a U-turn across the median on I-35 as the second basis for the enhancement; the district court did not make a clear factual finding on this issue.
• Rodriguez was sentenced to 18 months, above his advisory range of 12-18 months, after the district court concluded the enhancement applied.

Issues

Key Cases Cited

• United States v. Solis-Garcia, 420 F.3d 511 (5th Cir. 2005) (cargo-area danger factors; holding that certain cargo-area scenarios do not suffice for enhancement)
• United States v. Zuniga-Amezquita, 468 F.3d 886 (5th Cir. 2006) (five factors to evaluate reckless-endangerment; applicable to exit ability and dangers in accidents)
• United States v. Garza, 587 F.3d 304 (5th Cir. 2009) (affirming enhancement where aliens were tightly positioned; exit difficulty and danger present)
• United States v. Rodriguez-Mesa, 443 F.3d 397 (5th Cir. 2006) (per curiam; discussed aggravating factors in transportation of aliens)
• United States v. Mata, 624 F.3d 170 (5th Cir. 2010) (per curiam; corroborates standard for reviewing § 2L1.1(b)(6) findings)