United States v. Hughes

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 21, 2006
Charles R. Fulbruge III
Clerk
No. 05-40398
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WALTER DARNELL HUGHES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-1185-ALL
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Walter Darnell Hughes appeals his guilty-plea conviction and
sentence for two counts of transporting undocumented aliens
within the United States by means of a motor vehicle for private
financial gain. Hughes argues that the facts of this case do not
give rise to the level of endangerment required for a sentencing
enhancement under U.S.S.G. § 2L1.1(b)(5).
The presentence report stated that ten undocumented aliens
were found within the sleeper compartment of Hughes’s tractor-
*
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this opinion should not be published and is not precedent except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. 05-40398
-2-
trailer with regard to the first count and four undocumented
aliens were found with regard to the second count. Ten aliens
concealed in storage compartments in a sleeper area of a tractor-
trailer constitutes harboring persons in a crowded and dangerous
condition. § 2L1.1(b)(5), comment. (n.6).
Some of the aliens gave material witness statements to the
effect that Hughes instructed them to hide in various
compartments within the sleeper area of his tractor-trailer.
The aliens were hidden in closets, under beds, and various other
storage compartments. One alien detailed how he was instructed
by Hughes to hide with another alien in a closed compartment
underneath the bed. The aliens were required to crouch in a
fetal position in order to fit in the compartment. This
position, maintained in a closed compartment, would make it
difficult for the aliens to extricate themselves. See United
States v. Rodriguez-Mesa, 443 F.3d 397, 403 (5th Cir. 2006). The
district court’s application of the enhancement was not error.
Id.Accordingly, the district court’s judgment is AFFIRMED.