United States v. Marilyn Jo Pruitt

Marilyn Jo Pruitt appeals her conviction of importing illegal aliens in violation of 8 U.S.C. § 1324 (a)(2).

We affirm the conviction for the reasons below.

Sufficiency of Indictment. The conviction is upon two counts, each of which allege that defendant transported an alien “knowing that [he] was in the United States in violation of law, and having reasonable grounds to believe that said alien’s entry into the United States occurred less than three years prior...” Appellant submits that the provision “having reasonable grounds to believe” is unconstitutionally vague and does not give intelligent warning of the offense charged.

A statute is sufficiently clear if it gives adequate notice of the proscribed conduct as applied “to the facts of the case at hand.” United States v. Powell, 423 U.S. 87, 92 , 96 S.Ct. 316, 319 , 46 L.Ed.2d 228 (1975). One who contemplates the transportation of aliens concealed in the trunk of a vehicle through a Border Patrol checkpoint is under notice sufficient to be put upon inquiry as to when the aliens entered the United States. A different result is not compelled by our holding in United States v. Gonzales-Hernandez, 534 F.2d 1353 (9th Cir.1976).…