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SALT LAKE CITY (AP) -- The 10th U.S. Circuit Court of Appeals has ordered a new sentencing for a driver who fell asleep at the wheel while transporting fellow illegal immigrants, causing a collision that claimed two lives.
The Denver-based court ruled this week that the fact that Isidro Aranda-Flores traveled at night to avoid detection by law enforcement and took only one break during 8 1/2 hours of driving failed to establish that he acted recklessly.
"There is nothing unlawful, let alone inherently dangerous, about driving on a two-lane highway at night for 8 1/2 hours with one break," the ruling said.
The court concluded that U.S. District Judge David Sam in Salt Lake City erred in enhancing Aranda-Flores' sentence to a total of 79 months for creating a substantial risk of death to others, and it sent the case back to Sam, who also had ordered Aranda-Flores be deported once he completes his sentence.
The June 2002 accident occurred on U.S. Highway 191 near Monticello.
Aranda-Flores' vehicle crashed head-on with a car driven by Travis Smith, 19, of Mesa, Ariz.
Smith and Bernarda Gordilla, 62, a passenger in the Aranda-Flores' vehicle, died.
Aranda-Flores, 25, contended that his passengers were in-laws from Mexico who he was transporting to Pennsylvania for gas money. Immigration authorities alleged that he was a paid smuggler of immigrants.
In a plea deal, Aranda-Flores pleaded guilty to transporting illegal aliens and agreed he would not dispute at sentencing that the offense was committed for profit. He was sentenced in June 2005.
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Information from: The Salt Lake Tribune, http://www.sltrib.com
(Copyright 2006 by The Associated Press. All Rights Reserved.)
