051698P.pdf   01/04/2006  USA  v.  Efrain Garcia-Gonon
   U.S. Court of Appeals Case No:  05-1698
   Northern District of Iowa   
   [PUBLISHED] [Smith, Author, with Bye and Beam, Circuit Judges]
   Criminal case - criminal law and sentencing. In its prosecution under 8
   U.S.C. Sec. 1324(a), the government had to prove that defendant knew or
   acted in reckless disregard of the fact that the eight passengers in his
   vehicle were not lawfully in the U.S., and the court did not err in giving
   the jury an instruction defining reckless disregard; no error in imposing
   an enhancement for obstruction of justice based on defendant's false trial
   testimony; as defendant was not sentenced in excess of the statutory
   maximum, the district court was entitled to determine his sentence based
   on judge-found facts and uncharged conduct.