July 16th, 2020

US Court of Appeals for the Fifth Circuit Opinions
United States v. Luyten

Docket: 19-40603
Opinion Date: July 15, 2020
Judge: Kurt D. Engelhardt
Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to conspiracy to transport undocumented aliens within the United States by means of an aircraft. The court held that the district court did not err by applying a sentencing enhancement under USSG 2L1.1(b)(6) for recklessly creating a substantial risk of death or serious bodily injury. In this case, the aliens were transported on a small aircraft in excess of the seating capacity flown by defendant who had not held a valid pilot certificate for eleven years. Therefore, the totality of these specific facts and reasonable inferences supports the conclusion that the manner in which defendant transported these aliens involved inherently dangerous practices that produced substantial risks of death or serious bodily injury.

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