101281P.pdf   10/20/2010  United States  v.  Marcio De Oliveira
   U.S. Court of Appeals Case No:  10-1281
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and
   Colloton, Circuit Judge]
   Criminal case - criminal law and sentencing. District court did not
   abuse its discretion by denying defendant's motion to withdraw his guilty
   plea; district court did not err in imposing an enhancement under
   Guidelines Sec. 2L1.1(b)(6) for creating a substantial risk of bodily injury
   where the evidence showed defendant knowingly arranged to have twenty
   undocumented workers reside in two overcrowded residences without
   heat or furnishings; district court erred in applying a vulnerable victim
   enhancement under Guidelines Sec. 3A1.1(b) without a sufficient factual
   analysis as to why the undocumented workers in this case were unusually
   vulnerable, and the case must be remanded for further proceedings; no
   error in imposing an enhancement under Guidelines Sec. 3B1.1(c) for a
   manager role in the offense.