Case: 22-50285 Document: 00516816130 Page: 1 Date Filed: 07/11/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit _____________ FILED July 11, 2023 No. 22-50285 Lyle W. Cayce consolidated with Clerk No. 22-50286 _____________ United States of America, Plaintiff—Appellee, versus Roberto Buendia, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 2:20-CR-1354-1, 2:20-CR-1435-1 ______________________________ Before Higginbotham, Graves, and Douglas, Circuit Judges. James E. Graves, Jr., Circuit Judge: Roberto Buendia pled guilty to conspiring to transport and transporting undocumented immigrants resulting in serious bodily injury and death. He appeals a two-level sentencing enhancement under U.S.S.G. § 2L1.1(b)(8)(A) for involuntarily detaining a migrant through threat or coercion. Finding no plain error in the application of the enhancement, we AFFIRM. Case: 22-50285 Document: 00516816130 Page: 2 Date Filed: 07/11/2023 22-50285 c/w No. 22-50286 I. Background We recite the following facts from Buendia’s presentence report (“PSR”) and the factual basis discussed at his plea hearing. On May 16, 2020, Buendia drove his Buick LaCrosse to an area north of Laredo, Texas to pick up two migrants who had illegally crossed the border. A border patrol agent was notified that a gold Buick LaCrosse had been seen picking up two suspected illegal immigrants in that area. The agent spotted Buendia’s vehicle and started following him on U.S. Highway 83. After the agent activated his emergency lights to conduct an immigration inspection, Buendia accelerated and continued traveling north on the highway. The agent requested aerial assistance and continued to pursue Buendia for some time. When they reached a red light at the intersection of FM 190 and U.S. Highway 83 in Asherton, Texas, Buendia was traveling at a high rate of speed. Buendia ran the light and broadsided a car that was crossing the intersection. Buendia’s car then struck a utility pole, ripped in two, and Buendia and both passengers were ejected from the vehicle. One passenger, A.M.A., died at the scene from his injuries. The other passenger, L.G.G.G., sustained serious injuries and had to be placed in a medically induced coma after he was airlifted to a hospital. Buendia also sustained serious injuries and had to be placed in a medically induced coma. About a month later, Homeland Security Investigators interviewed L.G.G.G. at the hospital. L.G.G.G. said he paid a man named Gordo $2,500 to be smuggled into the United States. After crossing the border on foot with five others, the group separated when they were chased by border patrol agents. L.G.G.G. stayed with A.M.A., and they were picked up by Buendia. Once they got in his car, Buendia told them to get in the back cargo area and keep their heads down. Buendia also instructed them to get out of the car and run if they got pulled over by law enforcement. Once Buendia was being 2 Case: 22-50285 Document: 00516816130 Page: 3 Date Filed: 07/11/2023 22-50285 c/w No. 22-50286 chased by the border patrol agent, L.G.G.G. told Buendia …
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