United States v. Li Xiang Feng, United States of America v. Chen Biao, United States of America v. Tu Yu Piao, United States of America v. Hui Lin

Li Xiang Feng (“Feng”), Chen Biao (“Biao”), Tu Yu Piao (“Piao”), and Hui Lin (“Lin”) appeal from their jury trial convictions for one count of conspiring to bring aliens into the United States in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324 (a) (2) (B) (ii), and six counts of attempting to bring aliens into the United States for financial gain in violation of 8 U.S.C. § 1324 (a)(2)(B)© and 18 U.S.C. § 2 . We have jurisdiction under 28 U .S.C. §§ 1291, 1294(1), and affirm as to each Appellant on all issues addressed in this opinion.

I. Background

On August 27, 1998, the Coast Guard intercepted a fishing vessel, the Chih Yung, in international waters approximately 100 miles from San Diego and 100 miles off the coast of Northern Baja California, Mexico. The Appellants were among 174 aliens found on the vessel by the Coast Guard. The Immigration and Naturalization Service (“INS”) agents and asylum officers boarded the vessel to conduct interviews. Many aliens informed government personnel of a smuggling arrange ment in which they each were to pay around $30,000 once they reached the United States from China.

The vessel was detained for several weeks on the high seas.…