Harboring an alien — sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//February 2, 2012//

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United States Court of Appeals For the Seventh Circuit

Criminal

Harboring an alien — sufficiency of the evidence

Merely living with a boyfriend who is known to be an illegal alien is insufficient to support a conviction for harboring an alien “The defendant in the present case was not trying to encourage or protect or secrete illegal aliens. There is no suggestion that she prefers illegal aliens as boyfriends to legal aliens or citizens. She had a boyfriend who happened to be (as she knew) an illegal alien, and he lived with her for a time. Had she been aware of section 1324 and fearful of prosecution and hence had told him to move out of her house, he could have found some other place to live in Cahokia, or elsewhere.”

Reversed.

11-2917 U.S. v. Costello

Appeal from the United States District Court for the Southern District of Illinois, Stiehl, J., Posner, J.

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