Alien Smuggling Conviction Affirmed
In US v. Mata, No. 09-41092, the court affirmed defendant's sentence for transporting an undocumented alien for financial gain, holding that 1) the district court did not err by applying the reckless-endangerment enhancement under section 2L1.1(b)(6) of the Sentencing Guidelines; and 2) the district court did not commit plain error by impermissibly delegating to a probation officer its judicial authority to determine whether defendant should be required to participate in a mental-health program as a condition of her supervised release.
As the court wrote: "Maria Cecilia Mata appeals the forty-five-month sentence imposed following her plea of guilty to a charge of transporting an undocumented alien for financial gain in violation of 8 U.S.C. § 1324. Mata contends that the district court committed error by enhancing her sentence pursuant to U.S.S.G. §§ 2L1.1(b)(6) & 3B1.4. She also contends that the district court committed plain error by delegating to the probation officer the authority to determine whether Mata would be required to participate in mental-health treatment as a special condition of her supervised release. We conclude that both contentions are without merit and affirm Mata's sentence."
- Read the Fifth Circuit's Decision in US v. Mata, No. 09-41092