Description: Lubbock, Texas criminal defense lawyer represented the Defendant charged with:

CONSPIRACY TO TRANSPORT AN UNDOCUMENTED ALIEN WITHIN THE UNITED STATES

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8 U.S.C. § 1324, also known as the "Bringing in and harboring certain aliens" law, is a federal statute that criminalizes various activities related to the entry and presence of unauthorized immigrants in the United States. It prohibits actions like smuggling, transporting, concealing, harboring, and encouraging or inducing unauthorized aliens to enter or remain in the U.S. Violations of this law can lead to significant criminal penalties, including fines, imprisonment, and seizure of property.

Here's a more detailed breakdown:

Key Prohibitions under 8 U.S.C. § 1324:

Smuggling:

Bringing or attempting to bring an unauthorized alien into the U.S. at a place other than a designated port of entry.

Transportation:

Transporting or moving an unauthorized alien within the U.S.

Concealing or Harboring:

Hiding or concealing an unauthorized alien from detection, or providing them with shelter or other assistance.

Encouraging or Inducing:

Encouraging or inducing an unauthorized alien to come to, enter, or reside in the U.S.

Conspiracy/Aiding and Abetting:

Engaging in a conspiracy or aiding and abetting any of the above prohibited acts.

Penalties and Enhancements:

General Penalties:

Violations of 8 U.S.C. § 1324 can result in felony charges, with potential fines and imprisonment.

Enhanced Penalties:

Sentences can be increased if the unauthorized aliens were transported in a manner that endangered their lives or presented a life-threatening health risk.

Seizure and Forfeiture:

The law also provides for the seizure and forfeiture of conveyances (vessels, vehicles, aircraft), gross proceeds of violations, and property traceable to those conveyances or proceeds.

Life Sentences:

In cases where a violation results in the death of an alien or another person, the penalty can include life imprisonment, or even capital punishment in some cases by Oberheiden P.C..

Important Considerations:

Knowledge Requirement:

To be convicted, the prosecution generally needs to prove that the defendant knew the person was not authorized to be in the U.S.

Defenses:

Potential defenses to charges under 8 U.S.C. § 1324 may include arguing lack of knowledge, duress, entrapment, or mitigating circumstances.

"Harboring" Definition:

Courts have interpreted the term "harboring" in various ways, and some have narrowed the scope of liability.

State Laws:

State laws regarding harboring aliens may be preempted if they conflict with federal law.

Enforcement:

Federal immigration officers and other designated officers have the authority to enforce this law.

In essence, 8 U.S.C. § 1324 aims to deter and punish those who facilitate the entry and presence of unauthorized aliens in the United States, and the law has significant implications for individuals, organizations, and businesses that may be involved in such activities.

Outcome: 15 months to serve; 3 yr(s) tsr; $100 special assessment; standard and mandatory conditions; Court find Deft indigent, does not impose the $5,000 special assessment; no fine; Out-patient substance abuse treatment/alco program and testing; initial mental health evaluation and mental health treatment, not possess a controlled substance without valid prescription; not possess any Psychoactive Substances, including Synthetic Marijuana; take mental medications prescribed by treating physician; cant use or possess alcohol. UNICOR; any drug treatment in bop; waived appeal notified of 14 day DL/free appeal. SUPERVISED RELEASE HEARING held on 8/3/2023 - 129 days imprs; the defendant is continued to the original expiration date on TSR; Defendant shall comply with all terms - standard and mandatory conditions of supervised release apply. Special conditions: community confinement center in the Lubbock, Texas area for up to 6 months; the defendant shall remain in custody until placement is available; intensive outpatient substance abuse and alcohol treatment; substance abuse testing; no controlled substances without a valid prescription; no use of alcohol or psychoactive drugs (including marihuana); defendant to undergo a mental evaluation; mental health treatment; take all medications as prescribed by treating physician; the defendant is advised of his right to appeal (notified of 14 day deadline); ORAL NOTICE of non-appeal on the record.

Plaintiff's Experts:

Defendant's Experts:

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