The defendants appeal their convictions for offenses related to the alleged smuggling of illegal aliens. As to one defendant, the district court's failure to explain its reason for an upward sentencing departure did not affect the defendant's substantial rights because the district court referenced the government's motion. That motion extensively discussed the rationale for recommending that the district court sentence that defendant to the statutory maximum for each count of conviction. The convictions and sentences are affirmed. 5th U.S. Circuit Court of Appeals, No. 11-50143, 04-10-2013.
United States v. Chon
April 15, 2013