United States v. Encarnacion Moreno

Appellant was convicted on three of six counts of transporting undocumented aliens in violation of 8 U.S.C. § 1324 (a). The aliens were in the employ of the Chism Reforestation Company, Inc. Mr. Moreno, the appellant, was a foreman for the company. As such he was required to transport reforestation workers from one job site to another. On May 4, 1976, Mr. Moreno, while driving employees to a particular job site, was stopped by immigration officials. The officials arrested several of the crew members who were later found to be undocumented aliens. There is substantial evidence to support the finding that the appellant knew the immigration status of these aliens. Several days later appellant was arrested and charged for the violation of 8 U.S.C. § 1324 (a)(2).

On appeal appellant contends that § 1324(a) is constitutionally vague and subject to arbitrary enforcement. In United States v. Gonzalez-Hernandez, 534 F.2d 1353 (9th Cir. 1976) and Herrera v. United States, 208 F.2d 215 (9th Cir. 1953) cert. denied, 347 U.S. 927 , 74 S.Ct. 529 , 98 L.Ed. 1080 (1954), this court addressed itself to such a contention and found no constitutional infirmity on the ground of vagueness.

Appellant…