United States v. Pineda-Doval

614 F.3d 1019 (2010)

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United States v. Pineda-Doval

United States Court of Appeals for the Ninth Circuit
614 F.3d 1019 (2010)

Facts

Adan Pineda-Doval (defendant) crossed into the United States in a Chevrolet Suburban that was overcrowded with 20 passengers and had no rear seatbelts. A Border Patrol officer spotted Pineda-Doval and gave chase. Pineda-Doval tried to evade the officer. The officer radioed for help, and another officer laid a spike strip across Pineda-Doval’s escape route to puncture and deflate the Suburban’s tires and force it to halt. Pineda-Doval had encountered such devices on two previous smuggling expeditions. Pineda-Doval saw the strip and immediately warned his passengers to say their prayers. Pineda-Doval swerved sharply to avoid the strip, but his rear tire hit a spike and blew out. The Suburban flipped over twice. Five passengers died at the scene, and five more died at the hospital. Pineda-Doval was charged with 10 counts of unlawful transportation of illegal aliens resulting in death. The court’s jury instructions did not include an instruction requiring the jury to find that Pineda-Doval’s smuggling actions, as opposed to some non-smuggling action by Pineda-Doval, had proximately caused the passengers’ deaths. The jury convicted Pineda-Doval. Pineda-Doval appealed.

Rule of Law

Issue

Holding and Reasoning (Fletcher, J.)

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