U.S. v. GARCIA-CORDERO

No. 09-10292.

610 F.3d 613 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Oneche GARCIA-CORDERO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 29, 2010.


Attorney(s) appearing for the Case

Robin J. Farnsworth, Fed. Pub. Def., Gail M. Stage, Ft. Lauderdale, FL, Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Defendant-Appellant.

Stephen Schlessinger, Anne R. Schultz, Kathleen M. Salyer, Lisa T. Rubio, Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT and COX, Circuit Judges, and KORMAN, District Judge.


COX, Circuit Judge:

The issue presented in this case is apparently one of first impression: whether, as applied to a defendant smuggling aliens, the "bring and present" requirement of 8 U.S.C. § 1324(a)(2)(B)(iii) violates the Fifth Amendment's privilege against self-incrimination. That requirement imposes a duty on individuals transporting international passengers to "bring and present" those passengers to appropriate...

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