United States v. Hilario Gonzalez-Hernandez

In a trial to the court on stipulated facts, appellant was convicted on two of five counts of transporting illegal aliens. The aliens had crossed the border from Mexico without inspection or detection, then were driven from California to Washington by appellant. They paid him for their transportation, and appellant knew they were in the country illegally and had entered within the past three years.

Appellant argues that the statute [ 8 U.S.C. § 1324 (a)(2)] is unconstitutionally vague. The claim is frivolous. United States v. Sanchez-Mata, 429 F.2d 1391 (9th Cir. 1970).

Next, he contends that the statute was not intended to apply to those who transport aliens, already illegally within the country, to an area where there are employment opportunities. This, too, lacks merit. To convict under the statute, the government need prove only that (1) appellant transported an- alien within the United States, (2) the alien had not been lawfully admitted or was not lawfully entitled to enter, (3) this was known to appellant, (4) he knew the alien’s last entry was within three years, and (5) appellant acted willfully in furtherance of the alien’s violation of the law.

That the…