United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS June 2, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-50752
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUBEN PATRICK VALDES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CR-1326-1-PRM
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Before REAVLEY, JONES and PRADO, Circuit Judges.
PER CURIAM:*
Ruben Patrick Valdes appeals his convictions and sentences
for conspiracy to smuggle aliens and transporting aliens. He
argues that the evidence is insufficient to support his
convictions and that the district court erred in applying the
eight-level enhancement in U.S.S.G. § 2L1.1(b)(6)(4). Valdes
argues that there was no evidence tying him directly to the July
27, 2002, load in which two people died while being transported
*
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that this opinion should not be published and is not precedent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. 03-50752
-2-
in the back of an unventilated and unrefrigerated trailer. He
also contends that the evidence was insufficient to tie him to
the conspiracy or to show that the deaths were the result of the
conspiracy. Valdes asserts that the eight-level enhancement for
conduct resulting in the death of any person should not have
applied because the Government did not establish causation or
that the deaths were reasonably foreseeable.
Based on the evidence presented at trial, a rational trier
of fact could have found Valdes guilty of both offenses. Jackson
v. Virginia, 443 U.S. 307, 318 (1979). The evidence showed that
Valdes was involved in transporting illegal aliens within the
United States and conspired with numerous other people to
accomplish this purpose. Several members of the conspiracy were
involved in the fateful July 27, 2002, load in which two of the
aliens being transported died of heat stroke. See United States
v. Maceo, 947 F.2d 1191, 1198 (5th Cir. 1991). There also was
evidence directly linking Valdes to the load.
Given the involvement of both Valdes and his co-conspirators
in the transportation of the aliens who died, the fact that the
deaths were reasonably foreseeable as a consequence of the
smuggling activities, as well as the fact that the deaths were
caused by the aliens being transported for profit, the district
court did not err in applying the eight-level enhancement in
U.S.S.G. § 2L1.1(b)(6). See United States v. Garcia-Guerrero,
No. 03-50752
-3-
313 F.3d 892 (5th Cir. 2002); United States v. Cuyler, 298 F.3d
387, (5th Cir. 2002).
AFFIRMED.