United States Eleventh Circuit

Defendant's convictions for encouraging or inducing aliens to enter the U.S. is affirmed where: 1) the district court did not err in including "to help" in the definition of "encourage" in the jury instructions; 2) the trial evidence established that defendant was more than a mere passive boat driver; 3) 18 U.S.C. section 1327 required only that defendant knew the alien he aided or assisted was inadmissible at some point before the alien sought to enter the U.S.

Appellate Information

• Decided 12/28/2009
• Published 12/28/2009

Judges

• HULL, Circuit Judge:, Before BARKETT and HULL, Circuit Judges, and SCHLESINGER,District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Brenda G. Bryn, Fed. Pub. Def., Ft. Lauderdale, FL, Michael David Spivack, Asst. Fed. Pub. Def., Kathleen M. Williams, Fed. Pub. Def., Miami, Fl, for Defendant-Appellant., Madaleine R. Shirley, Anne R. Schultz, AUSA, Lissette M. Reid, AUSA, Miami, FL, for Plaintiff-Appellee.