Maka
United States v. Maka
Opinion
Lead Opinion
MEMORANDUM **
Lueleni Fetongi Maka (“Maka”) appeals his conviction and sentence on several counts of human trafficking in violation of 18 U.S.C. § 1590 , involuntary servitude in violation of 18 U.S.C. § 1584 , and alien *227 smuggling and harboring in violation of 8 U.S.C. § 1324 . We affirm.
The human trafficking counts are not multiplicitous of the involuntary servitude counts, as each requires proof of a fact the other does not. Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932). Under § 1584, the defendant had to actually hold another to involuntary servitude, something not required for a conviction under § 1590, which requires knowledge that the laborer will be used by someone for such purposes, but does not require that the recruiter or transporter be that person. Likewise, a conviction under § 1590 requires proof the defendant recruited, transported, harbored or otherwise obtained the laborer with the knowledge he or she would be used in involuntary servitude, whereas an “end-user” defendant could be convicted under § 1584 even if not involved in the acquisition or transportation process. Thus, charging and sentencing Maka with both…