Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Not written by a barrister. The name was thought up by a second-year American law student sitting in a coffeehouse in Manhattan. Neither an authoritative statement of the law nor legal advice. Don't rely. Quick work.
Fifth Circuit: USA v. Louis Luyten
No clear error in sentencing bump for conduct that creates an unreasonable risk of death or serious bodily injury, as deft. transported aliens in a small plane, one over the rated capacity, and had no pilot's license.