Is there any case law supporting a finding that defendant participated in the smuggling operation for the purpose of commercial advantage or financial gain?

MultiRegion, United States of America

The following excerpt is from U.S. v. Kim, 435 F.3d 182 (2nd Cir. 2006):

Defendant also challenges the sufficiency of the evidence with respect to the jury's finding that defendant participated in the smuggling operation for the purpose of commercial advantage or financial gain. The severity of criminal liability under 1324(a)(2) is heightened if the smuggling offense is done "for the purpose of commercial advantage or private financial gain." 8 U.S.C. 1324(a)(2)(B)(ii). As one of our sister circuits has pointed out, the statute does not require evidence of an "actual payment or even an agreement to pay" but merely requires that the defendant acted "for the purpose of financial gain." United States v. Angwin, 271 F.3d 786, 805 (9th Cir.2001).

Other Questions


Does a finding that neither defendants nor their officials engaged in employment practices with a willful or conscious purpose of excluding blacks or Mexican-Americans from employment constitute a finding of intentional discrimination? (MultiRegion, United States of America)
What are the findings of a judge's finding that the affidavit in support of an application for a wiretap was not supported by probable cause and was stale? (MultiRegion, United States of America)
Does a finding that a defendant possessed a firearm during the commission of a narcotics crime offense for the purposes of a conspiracy to manufacture and supply a firearm for the purpose of carrying out the crime? (MultiRegion, United States of America)
What is the test for establishing that the evidence supporting the findings of a disciplinary board is sufficient to support a finding that a school needs to be re-examined? (MultiRegion, United States of America)
Does a finding that a defendant was not a minor or minimal participant in the crime of sexual assault constitute a finding of probable cause of action? (MultiRegion, United States of America)
Does a finding that a defendant did not possess a firearm solely for sporting or collection purposes constitute a finding of error? (MultiRegion, United States of America)
Is a finding that a defendant obstructed justice a finding of fact? (MultiRegion, United States of America)
Does the money-laundering statute require a defendant charged with participating in a financial transaction identified in the indictment to know that it involved unlawful activities? (MultiRegion, United States of America)
Is there any case law that supports a defendant's claim that his ability to pay restitution is limited to his limited financial resources? (MultiRegion, United States of America)
What is the evidence supporting the finding that defendant Olivares-Cuevas failed to provide the government with all the information in his possession? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.