U.S. v. PEREYRA-GABINO

No. 08-2869.

563 F.3d 322 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Braulio PEREYRA-GABINO, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 16, 2009.


Attorney(s) appearing for the Case

J. Keith Rigg, argued, Des Moines, IA, for appellant.

Andrew H. Kahl, AUSA, argued, Des Moines, IA, Debra L. Scorpiniti, AUSA, on the brief, Des Moines, IA, for appellee.

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.


MURPHY, Circuit Judge.

Braulio Pereyra-Gabino was convicted by a jury of concealing or shielding from detection illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(iii), and sentenced to twelve months and one day imprisonment which was stayed by the district court. On appeal Pereyra-Gabino challenges the sufficiency of the indictment and the evidence and argues that his First Amendment rights were violated by the prosecution, the jury instructions were flawed...

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