United States Second Circuit

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US v. Khalil, 15-3819

Convictions for smuggling, conspiring to smuggle, transporting, conspiring to transport, and harboring an alien, 8 U.S.C. section 1324, transferring and conspiring to transfer false identification documents, 18 U.S.C. section 1028, and making false statements to federal agents, 18 U.S.C. section 1001, are: 1) reversed as to conviction of transporting an alien within the U.S. for profit, 8 U.S.C. sections 1324(a)(1)(A)(ii) and 1324(a)(1)(B)(i), where the evidence presented by the Government was insufficient to prove that defendant transported an alien 'in furtherance of' the alien's illegal stay in the U.S., as required by 8 U.S.C. section 1324(a)(1)(A)(ii) and by the district court's jury instructions; and 2) affirmed as to convictions on the remaining counts.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/16

Judges

  • CALABRESI

Court

  • United States Second Circuit

Counsel


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