FACTS Albert Gonzalez (“defendant”), a twenty-five year old male, drove up to the San Ysidro Port of Entry (California) in an extended-cab pickup on March 23, 2005. Although he told the border inspector he had nothing to declare, the inspector became suspicious and proceeded to investigate. When the inspector opened the driver’s side door, he saw a “big hump” in the carpet behind the back seat. That “hump” turned out to be Fortino Marquez-Cruz, an alien who lacked authorization to enter the United States. The defendant was arrested and charged with bringing an unauthorized alien to the United States without presenting him for inspection at the port of entry, in violation of 8 U.S.C. § 1324(a)(2)(B)(iii). He was convicted and sentenced to 30 months imprisonment. On appeal, the defendant challenged the lower court’s decision that the defendant was eligible for an enhancement pursuant to U.S.S.G § 2L1.1. The enhancement is applied when the court determines that the offense involved
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