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United States v. Hilario-Hilario

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Before Boudin, Circuit Judge, Selya, Senior Circuit Judge, and Keenan, *fn1 Senior District Judge.

On December 3, 2004, a forty-foot-long wooden yawl carrying ninety-two aliens from the Dominican Republic capsized off the coast of Vega Alta, Puerto Rico, after a thirty-hour journey over rough seas from Cabeza del Toro, a beach in the Dominican Republic. The U.S. Coast Guard and Puerto Rico authorities brought eighty-five of the passengers safely to shore; seven others were confirmed dead at the scene.

Based on identifications made by some of the passengers on the beach, five individuals–Leonardo Hilario-Hilario (“Hilario”), Kennedi Martinez (“Martinez”), Fernando Jose Milan (“Milan”), Delgadino Peguero (“Peguero”), and Santiago Rodriguez (“Rodriguez”)–were separated out as those who had conducted the smuggling venture. Although generally referred to by the government as “captains,” Hilario turned out to be the man in charge and the others, although sometimes involved in piloting, were crew.

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