whether-the-sentencing-enhancement-under-u.s.s.g.-§-2l1.1(b)(6)-was-properly-applied

QUESTION PRESENTED FOR REVIEW Petitioner, Jose JorGE ESPINOZA-MENDOZA, pleaded guilty to, and was convicted of, the federal offense of conspiring to harbor undocumented aliens. The District Court added a sentencing enhancement to Mr. Espinoza-Mendoza’s Guidelines range and sentenced him to serve a term of Seventy-one months in the custody of the Bureau of Prisons. On direct appeal, Mr. Espinoza-Mendoza argued the sentencing enhancement should not have been imposed by the District Court. More specifically, Mr. Espinoza-Mendoza challenged the sentencing enhancement under US.S.G. § 2L1.1(b)(6) for an increase in offense levels due to an alleged foreseeable risk of death or serious bodily injury to an alien as a result of the smuggling. The United States Court of Appeals for the Fifth Circuit (sometimes referred to as “the Fifth Circuit” or “the Appellate Court”) affirmed the imposition of the enhancement by the District Court. Respectfully, the decision of the Fifth Circuit decided important federal questions in a way that conflicts with relevant decisions of this Court, as well as established rulings of other courts and the Fifth Circuit itself. As to the enhancement, in a fashion and manner which is contrary to this Court’s stare decisis and the plain language of the enhancement, the Appellate Court did not require the Government to establish that Mr. Espinoza-Mendoza could reasonably foresee an actual risk of serious bodily injury or death. The Fifth Circuit further decided that the mere act of transporting a person in the trunk of a vehicle per se creates a substantial risk of serious bodily or death. The Court also based its decision on a case where this enhancement was not at issue and never cited by the Government in this case. A compelling reason is thus presented in support of discretionary review by this Honorable Court. Mr. Espinoza-Mendoza therefore respectfully requests that this Honorable Court grant this Petition for Writ of Certiorari and allow this case to proceed toresentencing with the sentencing enhancement withdrawn. “ifs