Tuesday, July 24, 2012

U.S. v. Franco-Lopez, -- F.3d --, 2012 WL 2989801 (10th Cir. 7/23/12) (NM) - a conviction of transporting an illegal alien under 8 U.S.C. ยง 1324(a)(1)(A)(ii), which criminalizes the transportation of an alien who "has come to, entered, or remains in" the country illegally, does not require proof that the transported alien illegally "entered" the United States. The elements are disjunctive; the government need only prove that the transported alien was present in the U.S. in violation of the law.