Eleventh Circuit Upholds Convictions
For Smuggling Cuban Baseball Players

Nov. 8, 2011, 5:00 AM

The crime of smuggling aliens into the United States in violation of 8 U.S.C. §1324(a)(2) does not require proof that the defendant had a specific intent to violate federal immigration law, the U.S. Court of Appeals for the Eleventh Circuit held Oct. 31. The Ninth Circuit reached the opposite conclusion in United States v. Barajas-Montiel, 185 F.3d 947 (9th Cir. 1999) (United States v. Dominguez, 11th Cir., No. 07-13405).

Section 1324(a)(2) makes it a crime to bring an alien into the United States knowing or in reckless disregard of the fact that the alien has not received ...

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