United States v. Harry Georgelos

MEMORANDUM

Defendant Harry Charles Georgelos appeals his convictions, under 8 U.S.C. § 1324 (a)(1)(A)(ii) & (a)(1)(B)®, for transporting, for profit, two aliens who remained in the United States in violation of law. We affirm.

1. Sufficient evidence supported Defendant’s convictions. Viewing the facts in the light most favorable to the government, Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979), Defendant knew that the aliens lacked documentation to be in the country and attempted to drive them from an immediate border town, past a checkpoint, to a larger city, where detection by immigration authorities would be much more difficult. Additionally, when the authorities stopped the car, Defendant told the aliens to tell the authorities that they were “American citizens.” Those facts demonstrate that Defendant’s transportation was “in furtherance of’ the aliens’ continued illegal presence in the country. 8 U.S.C. § 1324 (a)(l)(A)(ii). Unlike in United States v. Moreno, 561 F.2d 1321 (9th Cir. 1977), the jury was not required to con- elude that Defendant was merely acting in the regular course of his employment.

2. The district court did not abuse its…