United States v. Najera

Defendant appealed his sentence after he was convicted of conspiring to transport undocumented immigrants and transporting undocumented immigrants. The Fifth Circuit affirmed the district court's imposition of a sentencing enhancement for recklessness under USSG 2L1.1(b)(6) where defendant consciously disregarded a substantial and unjustifiable risk by crossing a deep part of the Rio Grande river with the immigrants. However, the court reversed the district court's denial of a sentence reduction under USSG 3E1.1 for acceptance of responsibility for the offense where he did not deny the factual elements of his guilt. Accordingly, the court remanded for resentencing. View "United States v. Najera" on Justia Law