United States v. Olarte-Rojas
Defendant appealed his sentence after pleading guilty to one count of transportation of an alien within the United States by means of a motor vehicle for purposes of financial gain. The court affirmed the district court’s assessment of the enhancement under USSG 2L1.1(b)(5)(B) for use of a dangerous weapon based on defendant’s deployment of caltrops (metal spikes that alien and drug traffickers often deploy during pursuits to puncture the tires of police units). Because the court concluded that the district court properly applied the adjustment under section 2L1.1(b)(5)(B), the court also concluded that the district court was right to correct its error in calculating defendant’s total offense level and advisory guidelines range by vacating the initial sentence and resentencing him. View "United States v. Olarte-Rojas" on Justia Law