United States v. Jose Gallegos-Lopez

MEMORANDUM

Jose Gallegos-Lopez appeals his jury conviction for two counts of bringing illegal aliens to the United States for financial gain in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii), two counts of harboring illegal aliens in violation of 8 U.S.C. § 1324 (a)(l)(A)(iii), and for aiding and abetting the same crimes.

Gallegos-Lopez first contends the district court erred when it gave the jury an instruction with a definition of the term “knowingly” that stated in part that “the government is not required to prove that the defendant knew that his acts and omissions were unlawful.” He contends this instruction relieved the government of its burden to prove intent. The instruction, however, was given in the context of explaining when an act is done “knowingly.” The element of intent was covered by different instructions that adequately explained to the jury that the government must prove that the defendant acted with the intent to violate the United States’ immigration laws. Knowledge and intent are separate and distinct elements of the immigration crimes and the knowledge instruction was in accordance with the Ninth Circuit model jury instruction. There was no error in connection…