United States v. Matos ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 13, 2003
Charles R. Fulbruge III
Clerk
No. 02-41598
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS ALFONSO MATOS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-288-1
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Before DAVIS, JONES, and STEWART, Circuit Judges.
PER CURIAM:*
Luis Alfonso Matos pleaded guilty to transporting an
undocumented alien for private financial gain. He appeals the
application of a sentencing enhancement under U.S.S.G.
§ 2L1.1(b)(5) for intentionally and recklessly creating a
substantial risk of death or serious bodily injury to the alien.
Though he argues that the mere transit of several unrestrained
people in the locked trailer of a truck is an insufficient risk
for the sentencing guideline provision to apply, the risk of an
*
Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.
R. 47.5.4.
No. 02-41598
-2-
accident is within the intentionally wide ambit of the rule. Cf.
United States v. Cuyler, 298 F.3d 387, 390 (5th Cir. 2002).
Matos’s sentence is AFFIRMED.