United States v. James Keith Carter

Carter was found guilty by a jury of violating 8 U.S.C. § 1324 (a)(4), which prohibits encouraging or inducing an alien to enter the United States illegally. On appeal he asserts that the proof varied fatally from the allegations of the indictment.

The indictment charged that he did “knowingly encourage and induce” the entries. The trial court submitted the cause to the jury in the disjunctive, using the words “encourage or induce” as to each count. We have held this practice to be proper:

Appellant also contends that he should receive a new trial because an allegedly improper question put to a defense witness severely prejudiced him. Upon cross-examination of one of appellant’s witnesses, the prosecutor asked if the witness had ever been convicted of a felony. Upon challenge, the prosecutor admitted he had no documentary evidence of prior felonies by the witness. The government did offer to introduce the testimony of an Assistant United States Attorney who had negotiated a guilty plea with the witness on a prior occasion.

The trial judge ruled that the witness need not answer the question. Carter now argues that the mere asking of it requires a new trial. We think not. The…