Whether the Fifth Circuit erred in affirming the application of sentencing enhancements under U.S.S.G. § 2L1.1(b)(6) and § 2L1.1(b)(7) without requiring the government to establish the requisite mens rea and causation standards

QUESTION PRESENTED FOR REVIEW Petitioner, GALINDO JOSE RUIZ-HERNANDEZ, was tried and convicted of transporting undocumented aliens within the United States. The District Court added two sentencing enhancements to Mr. Ruiz-Hernandez’s Guidelines range and sentenced him to serve aterm of eighty months in the custody of the Bureau of Prisons. On direct appeal, Mr. RuizHernandez argued the two sentencing enhancements should not have been imposed by the District Court. More specifically, Mr. Ruiz-Hernandez challenged a sentencing enhancement under U.S.S.G. § 2L1.1(b)(6) for an increase in offense levels due to a foreseeable risk of death or serious bodily injury to an alien as a result of the smuggling. The other issue involved an argument to a second sentencing enhancement under U.S.S.G. § 2L1.1(b)(7), which increases the offense level if anyone dies “in the course of” the smuggling. Following oral argument, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) affirmed the imposition of the enhancements by the District Court. Respectfully, the decision of the Fifth Circuit decided important federal questions in away that conflicts with relevant decisions of this Court. As to the first enhancement, in a fashion and manner which is contrary to this Court’s stare decisis, the Appellate Court did not require the Government to establish Mr. Ruiz-Hernandez could reasonably foresee an actual risk of serious bodily injury or death. On the cause of death enhancement, the Court incorrectly held that only a de minimis “but for” causation of death was required. A compelling reason is thus presented in support of discretionary review by this Honorable Court. Mr. Ruiz-Hernandez therefore respectfully requests that this Honorable Court grant i this Petition for Writ of Certiorari and allow this case to proceed to resentencing with the sentencing enhancements withdrawn. ii