Beruflich Dokumente
Kultur Dokumente
No. 11-4961
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:11-cr-00148-AJT-1)
Submitted:
Decided:
May 1, 2012
PER CURIAM:
Iris Yaneth Villalobos Aguilar (Villalobos) appeals
her
convictions
on
thirteen
counts
of
harboring
an
illegal
appeal,
Villalobos
attacks
her
convictions
on
two
bases,
conduct
in
harboring
illegal
aliens
tended
to
on
alien.
nine
of
the
thirteen
counts
of
harboring
an
illegal
dispute
with
the
district
courts
alien;
substantially
States
namely,
that
facilitate
the
illegally.
Villalobos
alien
Villalobos
did
conduct
remaining
not
in
object
tended
the
to
to
United
the
jury
As
Villalobos
points
out,
there
is
split
in
the
the
substantive
States v.
offense
Cuevas-Reyes,
(requiring
proof
of
572
of
conviction.
F.3d
119,
substantial
121-22
Compare
(3d
facilitation)
United
Cir.
2009)
with
United
States v. Ye, 588 F.3d 411, 416-17 (7th Cir. 2009) (rejecting
defendants argument that such an element is required).
But
And an
error cannot be plain where this court has not decided the
issue and extra-circuit authority is divided.
Rouse, 362 F.3d 256, 264 (4th Cir. 2004).
United States v.
We therefore conclude
evidence.
sufficiency
of
evidence
and
the
all
When
evidence
on
reasonable
defendant
appeal,
this
inferences
in
challenges
court
favor
views
of
the
the
the
reasonable
Where
the
doubt.
record
Id.
(internal
supports
quotation
conflicting
marks
inferences,
omitted).
this
court
673 (2010).
As
to
the
nine
counts
at
issue
in
this
appeal,
to
her
receipt
of
rental
payments
from
But, with
her
tenants,
United
admitted
alien
at
trial,
tenants
and
she
charged
noted
that
rent
her
from
tenants
As
her
were
nine of her homes ten rooms were rented out at a rate of $520
per month, and that she grossed $4500 per month.
entitled
to
infer
on
the
basis
of
this
evidence
that
every
evidence
sufficed
adduced
at
trial
to
show
that
Villalobos
With
respect
to
Villalobos
assertion
that
the
status.
U.S.C.
1324(a)(1)(A)(iii);
United
States v. Figueroa, 165 F.3d 111, 119 n.10 (2d Cir. 1998).
443
F.3d
772,
781
(11th
Cir.
United States v.
2006).
Circumstantial
that
the
people
harbored
are
illegally
in
the
country.
review
evidence
recklessly
of
the
record
supports
here
the
disregarded
convinces
jurys
the
risk
us
that
conclusion
that
that
each
of
her
trial that she knew that numerous of her tenants were illegal
aliens
when
immigration
showed
up
which
the
jury
was
or did not.
especially
offer.
attracted
to
the
accommodations
she
had
on
by
officials
that
numerous
of
her
tenants
were
not
court
are
adequately
and
argument
presented
will
not
in
aid
the
the
material
decisional
process.
AFFIRMED