· 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 CourtListenerSourced 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.