Case: 20-40776 Document: 00515967445 Page: 1 Date Filed: 08/05/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 5, 2021 No. 20-40776 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Sergio Roel Gonzalez, Jr., Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:20-CR-1341-1 Before Jones, Southwick, and Engelhardt, Circuit Judges. Per Curiam:* The only issue on appeal concerns sentencing. The district court applied an enhancement for “reckless endangerment during flight” because the defendant, who was driving with several undocumented immigrants as passengers, did not stop his slow-moving vehicle before he jumped out to escape arrest. We conclude such conduct was reckless and AFFIRM. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-40776 Document: 00515967445 Page: 2 Date Filed: 08/05/2021 No. 20-40776 FACTUAL AND PROCEDURAL BACKGROUND Sergio Roel Gonzalez, Jr. pled guilty to transporting an alien within the United States for private financial gain. The probation officer prepared a presentence report (“PSR”) that described Gonzalez’s offense conduct. According to the PSR, shortly after 11:00 p.m. on August 4, 2020, immigration agents responded to reports that a group of suspected undocumented immigrants had been seen walking into a neighborhood in Rio Grande City, Texas. The responding agents arrived at that neighborhood and observed a Chrysler 300 vehicle with several passengers “approaching their route of travel at a low rate of speed.” Later it became known that Gonzalez was the driver and the immigrants had just gotten into the vehicle. The agents got out of their vehicle to perform an immigration inspection of all the occupants of the Chrysler 300. Gonzalez “immediately exited” his vehicle and fled on foot. The driverless vehicle he left behind was still moving, “slowly revers[ing] into the driveway of a nearby residence.” The passengers also got out of the moving vehicle and fled; the agents pursued. While the agents gave chase, they saw the unoccupied Chrysler 300 move towards their own vehicle, collide with it, and stop. According to the PSR, the “[a]gents speculated that while the remaining subjects were exiting the vehicle, the shifter of the vehicle was moved to drive.” Gonzalez and three others were apprehended; one person escaped on foot and was not caught. None of the suspects were injured. Gonzalez refused to talk with agents, but one of the passengers did. Edson Manzanillo told agents that, after crossing the Rio Grande into the United States and walking for approximately one hour, guides escorted him and three other aliens to a waiting Chrysler 300. Gonzalez, who was at the 2 Case: 20-40776 Document: 00515967445 Page: 3 Date Filed: 08/05/2021 No. 20-40776 wheel, instructed them to “lay down and conceal themselves” in the vehicle. Manzanillo stated that Sergio Gonzalez drove for a few seconds and without notice, he quickly exited …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals