U.S. v. THUM

No. 13-50176.

749 F.3d 1143 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Humberto THUM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2014.


Attorney(s) appearing for the Case

Devin Burstein (argued), Warren & Burstein, San Diego, CA, for Defendant-Appellant.

Ryan A. Sausedo (argued) and Bruce R. Castetter , Assistant United States Attorneys, San Diego, CA, for Plaintiff-Appellee.

Before: SIDNEY R. THOMAS, MILAN D. SMITH, JR., and MORGAN CHRISTEN, Circuit Judges.


OPINION

M. SMITH, Circuit Judge:

In this appeal, we consider whether Jorge Humberto Thum encouraged or induced an illegal alien to reside in the United States, in violation of 8 U.S.C. § 1324(a)(1)(A)(iv), or aided and abetted the commission of this crime, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(II), merely by escorting that alien from a fast food restaurant near the border to a nearby vehicle. We conclude that he did not. Accordingly, we vacate...

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