United States v. Walters

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 13, 2007
Charles R. Fulbruge III
Clerk
No. 06-40949
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY MICHAEL WALTERS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-1182-ALL
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges:
PER CURIAM:*
Larry Michael Walters appeals the sentence imposed following
his guilty plea conviction for transporting an undocumented alien
by means of a motor vehicle for private financial gain. Walters
argues that the district court erred by increasing his offense
level pursuant to U.S.S.G. § 2L1.1(b)(5) after finding that the
offense “involved intentionally or recklessly creating a
substantial risk of death or serious bodily injury to another
person.” Even after United States v. Booker, 543 U.S. 220 (2005),
we review the district court’s findings of fact for clear error and
*
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this opinion should not be published and is not precedent except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. 06-40949
-2-
the district court’s interpretation and application of the
Sentencing Guidelines de novo. United States v. Villanueva, 408
F.3d 193, 202 & n.9 (5th Cir. 2005).
The record reflects that Walters was driving a tractor-trailer
carrying five illegal aliens. Three of the aliens were hiding in
a compartment under the bunk in the tractor’s sleeper area from
which they could not easily extricate themselves. The district
court did not err in concluding that these circumstances qualified
as intentional or reckless creation of a “substantial risk of death
or serious bodily injury to another person.” See United States v.
Rodriguez-Mesa, 443 F.3d 397, 401-03 (5th Cir. 2006); U.S.S.G. §
2L1.1, comment.(n.6).
AFFIRMED.