United States v. Mata

624 F.3d 170
Procedural entryThis page is a short order in United States v. Mata. Read the opinion of the Court — 517 F.3d 279
Court of Appeals for the Fifth Circuit·Decided November 15, 2010·No. 09-41092·Published

Opinion

624 F.3d 170 (2010)

UNITED STATES of America, Plaintiff-Appellee,
v.
Maria Cecilia MATA, Defendant-Appellant.

No. 09-41092.

United States Court of Appeals, Fifth Circuit.

October 14, 2010.
As Revised November 15, 2010.

*172 Carmen Castillo Mitchell, James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, CLEMENT and OWEN, Circuit Judges.

PER CURIAM:

Maria Cecilia Mata appeals the forty-five-month sentence imposed following her plea of guilty to a charge of transporting an undocumented alien for financial gain in violation of 8 U.S.C. § 1324. Mata contends that the district court committed error by enhancing her sentence pursuant to U.S.S.G. §§ 2L1.1(b)(6) & 3B1.4. She also contends that the district court committed plain error by delegating to the probation officer the authority to determine whether Mata would be required to participate in mental-health treatment as a special condition of her supervised release. We conclude that both contentions are without merit and affirm Mata's sentence.

I.

At approximately 8:25 p.m. on May 27, 2009, Border Patrol agents stopped a 2001 Ford Escape at the Interstate-35 checkpoint twenty-nine miles north of Laredo, Texas. A Ford Escape seats five. Six people were in the car. Mata was driving, her sixteen-year-old son was in the front seat, and seated in the back were a friend of Mata's who was over the age of eighteen, her friend's minor daughter, and Mata's six-year-old daughter. In the cargo area behind the back seat, underneath a pile of blankets, luggage, and a stroller, was a Mexican National named Edgar Guerrero-Cruz. Border Patrol agents discovered Guerrero-Cruz while inspecting the vehicle at the checkpoint. The agents arrested Mata, who admitted to them that she was being paid to drive Guerrero-Cruz, who she knew was illegally present in the United States, from Laredo to San Antonio. Mata was charged in a one-count indictment with transporting an undocumented alien for financial gain by means of a motor vehicle under 8 U.S.C. § 1324. She pleaded guilty without a plea agreement.

At issue in this appeal are two sentence enhancements that the probation officer applied after calculating Mata's base offense level as twelve under the United *173 States Sentencing Guidelines.[1] First, the probation officer enhanced Mata's offense level to eighteen on the ground that Mata's "offense involved intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person."[2] Second, Mata received a two-level enhancement because the probation officer found that Mata "used or attempted to use a person less than eighteen years of age to commit the offense or assist in avoiding detection of, or apprehension for, the offense."[3] Mata also received a two-level reduction for acceptance of responsibility, so her final offense level was eighteen. Mata objected to both enhancements at her sentencing hearing. The district court overruled her objections, adopted the presentence report, and sentenced Mata to a forty-five-month term of confinement.

The district court also placed Mata on a three-year term of supervised release following her release from custody. One of the conditions of Mata's supervised release is that she is required to participate in a mental-health program "as deemed necessary by the Probation Department." Mata did not object to this condition before the district court. On appeal, she contends that it was unconstitutional for the district court to delegate to the Probation Department the determination of whether she would have to participate in a mental-health program.

II.

We review the district court's interpretation and application of the Sentencing Guidelines de novo.[4] A district court's "`[f]actual findings regarding sentencing factors are entitled to considerable deference and will be reversed only if they are clearly erroneous.'"[5] A factual finding is clearly erroneous if, after reviewing the entire evidence, the reviewing court "is left with the definite and firm conviction that a mistake has been committed."[6] A factual finding is not clearly erroneous so long as it is "`plausible in light of the record as a whole.'"[7] A court of appeals may not reverse a district court's finding of fact based only on its belief that, "`had it been sitting as the trier of fact, it would have weighed the evidence differently'" and reached a different conclusion.[8]

A.

The district court did not err by applying the reckless-endangerment enhancement under § 2L1.1(b)(6) of the Sentencing Guidelines. Whether Mata's conduct in transporting Guerrero-Cruz qualifies as "intentionally or recklessly creating a substantial *174 risk of death or serious bodily injury to another person" as required by § 2L1.1(b)(6) is a question of law, so our review is de novo.[9] But we review only for clear error the underlying factual findings on which the district court based its legal conclusion.[10]

The application of § 2L1.1(b)(6) "requires a fact-specific inquiry"[11] because the reckless-endangerment enhancement is intended to apply to "a wide variety of conduct."[12] "[A] single, bright-line test is not necessarily appropriate for a guideline that must be applied to [the] wide variety of factual settings" in which defendants transport aliens for financial gain.[13] Accordingly, we have articulated a nonexclusive list of five factors to guide district courts in their application of § 2L1.1(b)(6): "the availability of oxygen, exposure to temperature extremes, the aliens' ability to communicate with the driver of the vehicle, their ability to exit the vehicle quickly, and the danger to them if an accident occurs."[14] Only the fourth and fifth of those factors are pertinent to this case.

Out of this fact-bound area of the law a few guiding principles have emerged. As to the fourth factor, we have affirmed the enhancement in situations in which it would have been difficult for the alien to extricate herself from the vehicle in the event of an emergency because the alien was jammed into a compartment[15] or wedged into a tight space.[16] We have also upheld the imposition of the enhancement where the aliens, who were being transported in a van, were completely surrounded by boxes "practically piled up to the top of the van" that were too big for the aliens to easily move.[17] As to the fifth factor, the enhancement is proper only if the aliens would be in greater danger if an accident occurred than "an ordinary passenger not wearing a seatbelt in a moving vehicle."[18] As a result, the mere fact that an alien is transported in a portion of the car that is not designed to hold passengers is not, without more, sufficient to support the enhancement.[19]

In this case, the district court made two findings in support of its decision to apply the reckless-endangerment enhancement. First, the court found that the stroller under which the Guerrero-Cruz was hiding would impede his ability to exit *175

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