United States v. Ernesto Magdaleno-Aguirre

Magadaleno-Aguirre appeals his conviction for transporting an illegal alien in vio lation of 8 U.S.C. § 1324 (a)(2) [Ct II]. He was also convicted of illegal entry in violation of 8 U.S.C. § 1325 [Ct III] from which he does not appeal.

Magadaleno-Aguirre’s claim on this appeal is that the Government did not prove two essential elements of the crime charged i. e., that Mario Quintero-Rios was in fact an illegal alien and that MagadalenoAguirre knew Quintero-Rios was an illegal alien.

Magadaleno-Aguirre also claims that although he was sentenced concurrently upon both Counts II and III to an indeterminate sentence pursuant to Title 18 U.S.C. § 5010 (b) and § 5017(c) [Youth Corrections Act] the concurrent sentence doctrine should not deprive him of review of his felony conviction.

Since this Circuit has not yet addressed the precise situation presented by this appeal in its application of the concurrent sentence doctrine we consider that matter first.

Magdaleno-Aguirre was convicted of violating 8 U.S.C. § 1324 (a)(2), a felony and 8 U.S.C. § 1325 , a misdemeanor. He was sentenced under the Youth Corrections Act to an indeterminate sentence for both violations.

The Youth…