United States v. Matos

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 13, 2003 Charles R. Fulbruge III Clerk No. 02-41598 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LUIS ALFONSO MATOS, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-02-CR-288-1 -------------------- Before DAVIS, JONES, and STEWART, Circuit Judges. PER CURIAM:* Luis Alfonso Matos pleaded guilty to transporting an undocumented alien for private financial gain. He appeals the application of a sentencing enhancement under U.S.S.G. § 2L1.1(b)(5) for intentionally and recklessly creating a substantial risk of death or serious bodily injury to the alien. Though he argues that the mere transit of several unrestrained people in the locked trailer of a truck is an insufficient risk for the sentencing guideline provision to apply, the risk of an * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-41598 -2- accident is within the intentionally wide ambit of the rule. Cf. United States v. Cuyler, 298 F.3d 387, 390 (5th Cir. 2002). Matos’s sentence is AFFIRMED.