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United States v. Suarez

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[PUBLISH]

Before CARNES and HULL, Circuit Judges, and GOLDBERG,*fn1 Judge.

In December 2007, a federal grand jury returned a superseding indictment against Appellants Alexis De La Cruz Suarez (“De La Cruz”), Ramon Barrabi Puentes (“Barrabi”), and Jose Vazquez (“Vazquez”), and three other co-defendants. The indictment charged the Appellants with conspiracy in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I) to commit alien smuggling in violation of 8 U.S.C. § 1324(a)(1)(A)(iv), and to bring aliens into the United States at a place other than a designated port of entry in violation of 8 U.S.C. § 1324(a)(1)(A)(I) (“Count 1″); and attempting to bring aliens into the United States for the purpose of commercial advantage and private financial gain, in violation of 8 U.S.C. § 1324(a)(2)(B)(ii) and 18 U.S.C. § 2 (“Counts 2-35″). Vazquez was charged with 35 additional counts of attempting to bring aliens into the United States for the purpose of commercial advantage and private financial gain (“Counts 36-70″). Barrabi was charged with 66 additional counts of attempting to bring aliens into the United States for the purpose of commercial advantage and private financial gain (“Counts 36-101″). After a joint trial, a jury found the Appellants guilty as to Count 1. As to the remaining counts, the Appellants were either acquitted, or the charges were dismissed.*fn2

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