IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41026
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TRACY ALLEN PRICHARD,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-280-ALL
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August 1, 2002
Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Tracy Allen Prichard appeals from his sentence for
transportation of illegal aliens by means of a motor vehicle for
private financial gain, in violation of 8 U.S.C. §
1324(a)(1)(A)(ii). Prichard argues that the district court erred
in imposing an enhancement pursuant to U.S.S.G. § 2L1.1(b)(5) for
intentionally or recklessly creating a substantial risk of death or
serious bodily injury to another. Prichard was found transporting
*
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opinion should not be published and is not precedent except under the limited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. 01-41026
-2-
three illegal aliens tightly packed in the bed of a pickup truck
underneath and among a toolbox and pottery. We conclude that it
was plausible in light of the record as a whole that the aliens
were subject to a serious risk of harm by being transported in such
a manner, and the district court's judgment was not clearly
erroneous. See United States v. Edwards, 65 F.3d 430, 432 (5th
Cir. 1995); see also U.S.S.G. § 2L1.1, comment. (n.6).
Prichard also argues that the district court's written
judgment that he must make payments toward the costs of a drug
aftercare program as part of his supervised release conflicts with
the oral pronouncement, which made no mention of such payments. He
argues in the alternative that the district court unlawfully
delegated to the probation officer the authority to determine his
ability to pay the costs. We have recently rejected nearly
identical arguments. See United States v. Warden,__ F.3d __ (5th
Cir. May 14, 2002, No. 01-40961), 2002 WL 977273 at *2-3.
AFFIRMED.