United States v. Pineda-Doval

Defendant was moving twenty men, women, and children from Mexico to the United States in a Chevrolet Suburban that was not equipped with seat belts in the back. Patrol Agent Corey Lindsay saw the defendant driving on a dirt road known by Patrol Agents to be used by alien smugglers. Agent Lindsay saw the number of people in the back of the car and became suspicious that it had illegal aliens inside of it. Agent Lindsay began following the defendant and called for backup. The defendant then realized he was being followed, and turned around to head back to Mexico, Agent Lindsay followed.

Defendant then turned onto a paved road, trying to speed away from Agent Lindsay. Agent Clinton Russell, responded and set up further up on the road they had turned on to set up a controlled tire deflation device (CTDD). Agent Russell had never done at CTDD by himself but had seen it used over 100 times. Defendant had been victim to this device twice before, once he was able to swerve past it and another it caught his tires and lead to his arrest.

As defendant approached the CTDD, he saw the officer waiting to deploy it, warned his passengers, and attempted to swerve and avoid the CTDD. He was unsuccessful and the vehicle rolled over several times. Five individuals died at the scene and five more died at the hospital from related injuries. Defendant was charged and convicted of ten counts of transportation of illegal aliens resulting in their death, one count of transporting an illegal alien placing in jeopardy their life, and one count of reentry after deportation.