US v. Caraballo, No. 09-10428

Defendant's alien smuggling conviction and sentence are affirmed where: 1) officers do not violate the Fourth Amendment simply by approaching an individual on the street or in some other public place and asking a question or asking for identification; 2) the government properly offered a redacted portion of a Form I-213 only to demonstrate that the aliens found on defendant's boat were deportable and inadmissible; and 3) the district court did not clearly err by applying the sentencing guideline enhancement for intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person.

Read US v. Caraballo, No. 09-10428

Appellate Information

Filed January 27, 2010

Judges

Opinion by Judge Marcus