*1 Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: [*]
Luther James Bush, Jr., appeals his 44-month prison sentence resulting from his guilty plea conviction for one count of transportation of an undocumented alien, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii), (a)(1)(A)(v)(II), (a)(1)(B)(ii). The district court enhanced Bush’s sentence pursuant to U.S.S.G. § 2L1.1(b)(6) after it determined that Bush intentionally or recklessly created a substantial risk of death or serious bodily injury to the 16 aliens he was *2 Case: 16-40156 Document: 00513737108 Page: 2 Date Filed: 10/27/2016
No. 16-40156
transporting. Bush contends that the facts of his offense do not warrant the sentence enhancement.
We review a district court’s interpretation of the Guidelines de novo and review its factual findings for clear error. See United States v. Solis-Garcia , 420 F.3d 511, 514 (5th Cir. 2005); United States v. Cuyler , 298 F.3d 387, 389 (5th Cir. 2002). The record reflects that Bush was transporting 16 persons in the sleeper compartment of the tractor-trailer, that the sleeper compartment was not designed to accommodate 16 persons, and that it did not have any safety restraints. As the commentary to § 2L1.1 gives “carrying substantially more passengers than the rated capacity of a motor vehicle” and “harboring persons in a crowded, dangerous, or inhumane condition” as examples of reckless conduct that would support a sentence enhancement under that Guideline, we perceive no error in Bush’s sentence. See § 2L1.1, comment. (n.5).
AFFIRMED .
2
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.