Sixth Circuit: United States v. Yun Zheng

 

Given the terms of the current statute, harboring an alien doesn't require specific intent; rather, it proscribes conduct that substantially facilitates remaining and avoiding detection, either knowingly or in reckless disregard of the risk.   Circuit precedent on the term doesn't bind, as the changes to the underlying statute have been significant. Error would be harmless anyway, as the aliens being in plain view wouldn't exculpate.  Instructions didn't invade 6A territory of the jury.


United States v. Yun Zheng