· 8/13/2008
United States v. Mateo Garza
Citations
- 541 F.3d 290
- 2008 U.S. App. LEXIS 17219
- 2008 WL 3412046
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- requiring that courts “look at the specifics of the situation”, and prohibiting “the implication of a per se rule”, in applying the enhancement
- noting that “we have implied that we will not create ... per se rules” in the fact-intensive context of this enhancement
- explaining that this circuit does not apply per se rules in Section 2L1.1(b)(6) cases
- stating that transporting persons in a trunk or engine compartment of a vehicle per se creates a substantial risk of serious injury or death because those areas are not designed to hold human passengers
- stating that transporting persons in a trunk or engine compartment of a vehicle per se creates a substantial risk of serious injury or death because those areas are not designed to hold human passengers
- observing that transporting persons in a trunk or engine compartment of a vehicle per se creates a substantial risk of serious bodily injury or death because those areas are not designed to hold human passengers
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Demoss, Stewart
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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