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Suarez: Alien Smuggling Convictions Affirmed

By Tim Cone

In U.S. v. Suarez, No. 08-13675 (March 31, 2010), the Court affirmed alien smuggling convictions and sentences.The Court rejected the argument that the indictment should be dismissed because the government repatriated to Cuba the group of Cubans on the boat being smuggled to the United States ? Cubans who would have testified that they forced their way onto a boat destined only for relatives of the defendant. The Court noted that the defendant never raised this defense during interviews with the Coast Guard, and was otherwise potentially able to present it at trial. Further, the government did not repatriate the Cubans in bad faith, but in accordance with ?standard operating procedure.?The Court also rejected the argument that the application for electronic surveillance was invalid because other investigative procedures were not adequately tried, as the statute requires...continue to full post

Full post as published by Defense Newsletter Blog on April 01, 2010 (boomark / email).