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· 8/9/2005

United States v. Solis-Garcia

Citations

  • 420 F.3d 511
  • 2005 U.S. App. LEXIS 16680
  • 2005 WL 1870776

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the defendant’s transportation of “eight individuals in a minivan designed to seat seven”— even worse, a minivan with only four seats—did not constitute “severe” overcrowding
  • concluding that the reckless endangerment enhancement does not apply to a defendant transporting illegal aliens in the cargo area of a minivan who are not wearing seatbelts without proof of additional aggravating factors
  • stating that an individual riding in the cargo area of a minivan “can easily extricate himself from his position on the floor of the van”
  • noting that the enhancement \does not extend so far as to increase punishment for offenders simply for transporting illegal aliens without requiring them to wear seatbelts\
  • “Defining the contours of this enhancement is dependent upon carefully applying the words of the guideline in a case-specific analysis.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, Wiener, Dennis

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.