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United Statse v. Yeh

Illegal alien, assigned to care for fellows during overseas smuggling run, was subject to sentence enhancement for creating risk of bodily injury where conditions on freighter were appalling.

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Argued November 9, 2001

Appellants Hsin-Yung Yeh (Yeh), Yuan Dian Wang (Wang) and Jian Zhou Li (Li) seek vacatur of their sentences and remand to the district court for resentencing. In their joint brief, Yeh and Wang offer one challenge each to their sentences and Li challenges his sentence on two grounds.

Yeh contends that the district court erred in applying to his sentence a four-level enhancement pursuant to section 3B1.1(a) of the United States Sentencing Guidelines (U.S.S.G. or Guidelines) as “an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive.” Wang asserts that the court erred in imposing a five-year mandatory minimum sentence of imprisonment under 8 U.S.C. � 1324(a)(2)(B)(ii) for attempting to “bring[ ] [three or more unauthorized] aliens” into the United States “for the purpose of commercial advantage or private financial gain.” Li makes the same assertion as Wang and argues in addition that the district court improperly applied a two-level enhancement under U.S.S.G. � 2L1.1(b)(5) for “intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person.” Their contentions are without merit and we therefore affirm the sentences of all three.

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