United States v. Angelica Lopez

484 F.3d 1186 UNITED STATES of America, Plaintiff-Appellee, v. Angelica LOPEZ, Defendant-Appellant. No. 05-50415. United States Court of Appeals, Ninth Circuit. Argued and Submitted En Banc December 12, 2006. Filed May 7, 2007. Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant. Jason A. Forge and Christopher P. Tenorio, Assistant United States Attorneys, San Diego, CA, for the plaintiff-appellee. Appeal from the United States District Court for the Southern District of California; Barry T. Moskowitz, District Judge, Presiding. D.C. No. CR-04-01648-BTM. Before MARY M. SCHROEDER, Chief Circuit Judge, HARRY PREGERSON, STEPHEN REINHARDT, ALEX KOZINSKI, HAWKINS, SIDNEY R. THOMAS, SUSAN P. GRABER, RONALD M. GOULD, MARSHA S. BERZON, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, CONSUELO M. CALLAHAN, CARLOS T. BEA, and M. SMITH, Jr., Circuit Judges. REINHARDT, Circuit Judge. 1 * The issue before us is whether a driver who transports a group of illegal aliens from a drop-off point in the United States to another destination in this country commits only the offense of transporting aliens "within" the United States or whether…

join, dissenting.

The law should be the same whether smuggling aliens, drugs, or contraband goods. Today, the majority creates a circuit split by announcing a rule that contravenes established precedent and undermines congressional intent. Congress and every other circuit court to address the issue have all concluded that importation offenses continue until the imported objects or persons reach their final destination within the United States. See United States v. Haire, 371 F.3d 833, 838 (D.C.Cir.2004), vacated on other grounds, 543 U.S. 1109 , 125 S.Ct. 1014 , 160 L.Ed.2d 1038 (2005); United States v. Turner, 936 F.2d 221, 226 (6th Cir.1991); United States v. Leal, 831 F.2d 7, 9-10 (1st Cir.1987) (per curiam); United States v. Sandini 803 F.2d 123, 128 (3d Cir.1986); United States v. MacDougall, 790 F.2d 1135, 1150-51 (4th Cir.1986); United States v. Netz, 758 F.2d 1308, 1312 (8th Cir.1985) (per curiam); United States v. Corbin, 734 F.2d 643, 652 (11th Cir.1984); United States v. Godwin, 546 F.2d 145, 146-48 (5th Cir.1977); United States v. Jackson, 482 F.2d 1167, 1178-79 (10th Cir.1973); S. Rep. No. 98-225, at 400 (1983), as reprinted in 1984 U.S.C.C.A.N. 3182, 3538.

Rather…

I

The issue before us is whether a driver who transports a group of illegal aliens from a drop-off point in the United States to another destination in this country commits only the offense of transporting aliens “within” the United States or whether that individual is also guilty of the additional offense of aiding and abetting the crime of “bringing” the aliens “to” the United States. See 8 U.S.C. §§ 1324 (a)(l)(A)(ii) and 1324(a)(2) (2000); 1 18 U.S.C. § 2 (2000). In this case, the answer depends on the point at which the crime of “bringing to” terminates. We hold that although all of the elements of the “bringing to” offense are satisfied once the aliens cross *1188 the border, the crime does not terminate until the initial transporter who brings the aliens to the United States ceases to transport them — in other words, the offense continues until the initial transporter drops off the aliens on the U.S. side of the border. At that point the offense ends, regardless of the judicial district in which the termination occurs. Because, here, the defendant transported undocumented aliens only within the United States and did so only after the initial transporter had dropped the…

specially concurring.

I agree with the majority that Lopez transported illegal aliens only within the United States and that there is insufficient evidence that Lopez otherwise aided and abetted the “brings to” offense. I do not agree that the “brings to” offense continues until the initial transporter drops off the aliens. By the plain text of the statute, the offense is completed at the border. Any further transportation may constitute transporting an illegal alien within the United States under 8 U.S.C. § 1324 (a)(1)(A)(ii), but does not constitute “bringing to” the United States such alien.

The majority opinion is an extended exercise in statutory interpretation, on grounds and using methods which I do not endorse. But there is no point in commenting further because it is also an exercise unnecessary to decision. 8 U.S.C. § 1324 (a)(2)(B)(ii) makes it illegal to “bring[ ] to ... the United States” an illegal alien. A person “brings to” the United States an illegal alien when he transports the alien across any border. That is the plain meaning of the statute, and I can see no reason to depart from it.