United States Seventh Circuit

Conviction of defendant for harboring an alien for commercial advantage or private financial gain is affirmed where: 1) a reasonable jury could have concluded that defendant's inattentiveness reflected his knowledge or reckless disregard of the two aliens' illegal status; 2) the evidence supports an inference that defendant sought to conceal the aliens' presence; 3) evidence supported an inference that defendant derived financial advantage from the aliens' illegal status; 4) defendant's challenge to the jury instruction regarding the mens rea required to convict for harboring an alien is waived; and 5) given the potential punishment the district court could have assessed, the forfeiture of defendant's home is not so grossly disproportionate to the gravity of his convictions as to be excessive.

Appellate Information

• Argued 12/08/2009
• Decided 08/03/2010
• Published 08/03/2010

Judges

• ROVNER

Court

• United States Seventh Circuit

Counsel