Pursuant to 5TH CIR. R. 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 CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-40651

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CARLOS ALBERTO CABRERA-RUIZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:09-CR-8-1

Before GARZA, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:*

Carlos Cabrera-Ruiz appeals the 108-month sentence imposed following

his plea of guilty to conspiracy to transport aliens, resulting in two deaths. The

district court deviated upward from the guidelines range of 78 to 97 months after

concluding that the range did not adequately account for repeated instances of

reckless endangerment, the number of deaths, and the injuries to several aliens.

The court also concluded that the range was insufficient to satisfy the goals of

adequate punishment, deterrence, and protection of the public.

United States Court of Appeals

Fifth Circuit

F I L E D

June 2, 2010

Lyle W. Cayce

Clerk

Case: 09-40651 Document: 00511129264 Page: 1 Date Filed: 06/02/2010
No. 09-40651

2

We review the sentence for reasonableness in light of the factors set out

in 18 U.S.C. § 3553(a), utilizing an abuse of discretion standard that affords

deference to the district court’s superior position to make sentencing

determinations. Gall v. United States, 552 U.S. 38, 50)51 (2007). Under that

standard, we cannot say that the sentence imposed was unreasonable. There

was evidence that Cabrera-Ruiz guided numerous aliens through dangerous

terrain and brush over a two-day period, with some reporting insufficient food

and water and threats of physical violence from Cabrera-Ruiz; that upon

reaching a rendezvous point, some 18 aliens were instructed to get into a single

pickup truck, with some in the cab, some lying in the truck bed, and two having

to ride in the truck’s toolbox; that the driver left the road at high speed to avoid

being stopped for a traffic violation; that an accident ensued, killing two of the

aliens and causing injuries, some severe, to others; and that Cabrera-Ruiz fled

without assisting any of those in the truck. These facts support the district

court’s analysis under the § 3553(a) factors.

Cabrera-Ruiz contends that the court failed sufficiently to account for his

lack of criminal history and improperly held him responsible for the actions of

the driver, over whom he had no control. Nevertheless, we cannot say that the

district court unreasonably concluded that Cabrera-Ruiz bore substantial

responsibility given his conduct and role, nor did the court unreasonably

conclude that the guidelines range did not sufficiently account for the various

instances of reckless endangerment over the course of the two-day journey, the

two deaths, and the numerous injuries. We find no abuse of discretion in the

court’s determination that a sentence of 108 months, which is 11 months above

the top of the guidelines range, was necessary to satisfy the goals of § 3553(a).

AFFIRMED.

Case: 09-40651 Document: 00511129264 Page: 2 Date Filed: 06/02/2010