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U.S. v. LI

Nos. 97-2034, 97-2413, 98-1229, 98-1230, 98-1303, 98-1447 and 98-1448.

206 F.3d 56 (2000)

UNITED STATES, Appellee, v. Nai Fook LI, Defendant, Appellant. United States, Appellee, v. Yiu Ming Kwan, Defendant, Appellant. United States, Appellee, v. Ju Lin, Defendant, Appellant. United States, Appellee, v. Ben Lin, Defendant, Appellant. United States, Appellee, v. Hui Lin, Defendant, Appellant. United States, Appellee, v. Mao Bing Mu, Defendant, Appellant. United States, Appellee, v. Sang Li, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 29, 2000.

Attorney(s) appearing for the Case

George F. Gormley and Edward P. Ryan, Jr., with whom George F. Gormley, P.C., Paul J. Garrity, O'Connor & Ryan, Chris H. Mangos, Charles W. Rankin, Catherine J. Hinton, Rankin & Sultan, Sara A. Rapport, Perkins, Smith & Cohen, and Heidi B. Shore were on brief for appellants.

William J. Aceves, Martin J. Newhouse, and Ropes & Gray on brief for the Human Rights Committee of The American Branch of the International Law Association, amicus curiae.

Thomas H. Speedy Rice, John T. Lu, Jean Terranova, and Silverglate & Good on brief for the National Association of Criminal Defense Lawyers, Massachusetts Association of Criminal Defense Lawyers and Amnesty International, amicus curiae.

Deborah Watson, Attorney, with whom Donald K. Stern, United States Attorney, Alex Whiting, Assistant United States Attorney, and Susan Hanson-Philbrick, Assistant United States Attorney, were on brief for appellee.

Before TORRUELLA, Chief Judge, SELYA, BOUDIN, LYNCH, STAHL, and LIPEZ, Circuit Judges.

OPINION EN BANC

STAHL, Circuit Judge.

Defendants-appellants Hui Lin, Nai Fook Li, Yiu Ming Kwan, Ju Lin, Mao Bing Mu, Sand Li, and Ben Lin (the "appellants") appeal their convictions and sentences, which arose from a failed attempt to smuggle Chinese aliens into the United States. This opinion addresses their claim that the convictions and sentences should be overturned because the United States violated their purported rights under two international treaties...

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