United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 18, 2006
Charles R. Fulbruge III
Clerk
No. 05-41295
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PEDRO RENTERIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:05-CR-321-ALL
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Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Pedro Renteria appeals his 18-month sentence following his
guilty-plea conviction of transporting an undocumented alien
within the United States for financial gain by means of a motor
vehicle. He argues that the district court erred in increasing
his offense level after finding that the offense “involved
intentionally or recklessly creating a substantial risk of death
or serious bodily injury to another person,” under U.S.S.G.
§ 2L1.1(b)(5). Even after United States v. Booker, 543 U.S. 220
*
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this opinion should not be published and is not precedent except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. 05-41295
-2-
(2005), we review the district court’s application of the
Guidelines de novo and the district court’s findings of fact for
clear error. United States v. Villanueva, 408 F.3d 193, 202 &
n.9 (5th Cir.), cert. denied, 126 S. Ct. 268 (2005).
The record reflects that Renteria was driving a tractor
trailer carrying six illegal aliens. One of the aliens was
hiding under the bed in the trailer’s sleeper compartment and the
other five aliens were hiding in the sleeper compartment’s
closets in “cramped fetal positions.” The district court did not
err in concluding that these circumstances qualified as
intentional or reckless creation of a “substantial risk of death
or serious bodily injury to another person.” See United States
v. Rodriguez-Mesa, 443 F.3d 397, 401-03 (5th Cir. 2006);
U.S.S.G. § 2L1.1, comment. (n.6).
The sentence is AFFIRMED.