TUCSON, Ariz. (AP) — A 33-year-old Mexican man smoked marijuana before getting behind the wheel of an SUV packed with suspected illegal immigrants that later crashed, killing nine people, federal authorities said.

Brian Guzman Ochoa, of Hermosillo, Mexico, was charged Tuesday with one count of knowingly transporting people who were in the United States illegally.

Guzman could not make an initial appearance Tuesday in Phoenix because he remains hospitalized.