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United States v. Carmona-Ramos

638 F. App’x 351 (2017)

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United States v. Carmona-Ramos

United States Court of Appeals for the Fifth Circuit

638 F. App’x 351 (2017)

Facts

United States Border Patrol agents stopped Antonio Allende-Agustin when he attempted to cross the border from Mexico into the United States without proper documentation. Border Patrol seized Allende-Agustin’s cell phone and used it to text a smuggler with whom Allende-Agustin was communicating to arrange his transport within the United States. A Border Patrol agent posing as Allende-Agustin contacted the smuggler, who stated that a woman, identified later as Alejandra Carmona-Ramos (defendant), would meet him at a church. Carmona-Ramos arrived and instructed the Border Patrol agent to follow her. The undercover agent and Carmona-Ramos started walking to a bus stop and were stopped by a Border Patrol vehicle. Carmona-Ramos was arrested and confessed that she worked for the smuggler for money, that she was instructed to pick up an undocumented alien at the church, that she knew that the person she intended to help was in the United States illegally, and that she knew it was illegal to assist in transporting undocumented aliens in the United States. The government charged Carmona-Ramos in federal district court with illegally transporting an undocumented alien for monetary gain. Carmona-Ramos was convicted by the jury and appealed, arguing the evidence presented at trial was insufficient to sustain the verdict because the government did not show that she knew or recklessly disregarded Allende-Agustin’s status as an illegal immigrant or that she attempted to transport Allende-Agustin within the United States.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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