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United States v. Alvarez-Moreno

United States District Court, D. Arizona

February 23, 2018

United States of America, Plaintiff,
v.
Gabriel Alvarez-Moreno, Defendant.

          FINDINGS OF FACT

          Honorable James A. Soto United States District Judge.

         On June 28, 2017, the Grand Jury returned an indictment against Gabriel Alvarez-Moreno, charging him with two counts. (Doc. 19.) Count I of the Indictment alleges that on June 2, 2017, Defendant conspired to transport and move an illegal alien for the purpose of commercial advantage or private financial gain, in violation of Title 8, United States Code, Sections 1324(a)(1)(A)(v)(I), [1] 1324(a)(1)(A)(ii), [2] and 1324(a)(1)(B)(i).[3] Id. Count II of the Indictment alleges that on June 2, 2017, Defendant knowingly transported an illegal alien for the purpose of commercial advantage and private financial gain, in violation of Title 8, United States Code, Sections 1324(a)(1)(A)(ii)[4] and 1324(a)(1)(B)(i).[5] Id.

         On January 25, 2018, Defendant waived his right to a trial by jury and the Government consented. (Doc. 69.) On February 15, 2018, the Court conducted a bench trial and took the matter under advisement.[6] (Doc. 83.) The Court has reviewed the entire record, including but not limited to the Indictment, admitted exhibits, the testimony of witnesses at trial, the trial transcripts, and the video deposition of the material witness.

         For Count I, the Government must prove the following beyond a reasonable doubt:

First, beginning on or about June 2, 2017, and ending on or about June 2, 2017, there was an agreement between two or more persons to commit at least one crime as charged in the indictment; and
Second, the defendant became a member of the conspiracy knowing of at least one of its objects and intending to help accomplish it.

Manuel of Model Criminal Jury Instr. for the District Courts of the Ninth Circuit § 8.20 Conspiracy-Elements (Dec. 2017).[7]

         For Count II, the Government must prove the following beyond a reasonable doubt:

First, Miguel Angel Reyes-Martinez was an alien;
Second, Miguel Angel Reyes-Martinez was not lawfully in the United States;
Third, the defendant knew or acted in reckless disregard of the fact that Miguel Angel Reyes-Martinez was not lawfully in the United States; and
Fourth, the defendant knowingly transported or moved Miguel Angel Reyes-Martinez in order to help him remain in the United States illegally.

Manuel of Model Criminal Jury Instr. for the District Courts of the Ninth Circuit § 9.2 Alien-Illegal Transportation (8 U.S.C. § 1324(a)(1)(A)(ii)) (Dec. 2017).[8]

         Additionally, if the Government proves either count beyond a reasonable doubt then the Court must consider if Defendant acted for the purpose of commercial ...


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