UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
Evelyn SINENENG-SMITH, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted April 18, 2017 San Francisco, California.
Reargued and Resubmitted February 15, 2018 Pasadena, California.
Filed December 4, 2018.
Attorney(s) appearing for the Case
Daniel F. Cook (argued), Bodega Bay, California, for Defendant-Appellant.
Susan B. Gray (argued), Assistant United States Attorney; J. Douglas Wilson , Chief, Appellate Section; United States Attorney's Office, San Francisco, California; Elizabeth D. Collery (argued), Attorney, Criminal Division; John P. Cronan , Principal Deputy Assistant Attorney General; Kenneth A. Blanco , Acting Assistant Attorney General; United States Department of Justice, Washington, D.C.; for Plaintiff-Appellee.
Mark C. Fleming (argued) and Megan E. Barriger , Wilmer Cutler Pickering Hale & Dorr LLP, Boston, Massachusetts; Beth C. Neitzel , Wilmer Cutler Pickering Hale & Dorr LLP, Washington, D.C.; for Amici Curiae Immigrant Defense Project, and National Immigration Project of the National Lawyers Guild.
Stephen R. Sady (argued), Chief Deputy Federal Public Defender; Lisa Ma , Research and Writing Attorney, Portland, Oregon; Carmen A. Smarandoiu , Assistant Federal Public Defender, San Francisco, California; for Amicus Curiae Federal Defender Organizations of the Ninth Circuit.
Lee Rowland (argued), Cecillia D. Wang , Anand Balakrishnan , ACLU Foundation, New York, New York; Christine Patricia Sun , American Civil Liberties Union Foundation of Northern California, Inc.; for Amici Curiae American Civil Liberties Union, and American Civil Liberties Union of Northern California.
Eugene Volokh , Scott & Cyan Banister First Amendment Clinic, UCLA School of Law, Los Angeles, California, as Amicus Curiae.
Stephen W. Manning , Innovation Law Lab, Portland, Oregon; Kari Hong , Boston College Law School, Newton, Massachusetts; for Amici Curiae Oregon Interfaith Movement for Immigrant Justice, Causa Immigrant Rights Coalition of Oregon, Catholic Charities of Oregon, and Immigration Counseling Services of Oregon.
Before: A. Wallace Tashima, Marsha S. Berzon, and Andrew D. Hurwitz, Circuit Judges.
OPINION
TASHIMA, Circuit Judge:
INTRODUCTION
Defendant-Appellant Evelyn Sineneng-Smith was convicted on two counts of encouraging and inducing an alien to remain in the United States for the purposes of financial gain, in violation of 8 U.S.C. § 1324(a)(1)(A)(iv) & § 1324(a)(1)(B)(i).1
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