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U.S. v. CUYLER

No. 01-50947.

298 F.3d 387 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Kimber Lee CUYLER, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 15, 2002.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Janet Manning Bonner, San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes, Lucien B. Campbell, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.

Before KING, Chief Judge, and JOLLY and DeMOSS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The defendant, Kimber Lee Cuyler ("Cuyler"), appeals the enhancement of his sentence. He pled guilty to two counts of aiding and abetting the transportation of illegal aliens, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(ii) and (a)(1)(A)(v)(II). The district court held that Cuyler's transportation of illegal aliens in the bed of his pickup truck, while driving on the highway, intentionally or recklessly created a substantial...

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