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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.