KANNE, Circuit Judge.
Masao Fujii was convicted of attempting to smuggle aliens into the United States for private financial gain, in violation of 8 U.S.C. § 1324(a)(2)(B)(ii) ("Count 1"); of encouraging and inducing aliens to come to, enter, or reside in the United States, knowing that it was in violation of law, in violation of 8 U.S.C. § 1324(a)(1)(A)(iv) ("Count 2"); and finally, of knowingly using a counterfeit passport, in violation of 18 U.S.C. &...
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