UNITED STATES v. HERNANDEZ-CALVILLO

No. 19-3210, No. 19-3211.

39 F.4th 1297 (2022)

UNITED STATES of America, Plaintiff-Appellant, v. Jose Felipe HERNANDEZ-CALVILLO, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Mauro Papalotzi, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED July 13, 2022.


Attorney(s) appearing for the Case

James I. Pearce , Attorney, Appellate Section, Criminal Division, Department of Justice, Washington, D.C. ( Stephen R. McAllister , United States Attorney, and James A. Brown , Assistant United States Attorney, Topeka, Kansas; and Brian C. Rabbitt , Acting Assistant Attorney General, and Robert A. Zink , Acting Deputy Assistant Attorney General, Criminal Division, Department of Justice, Washington, D.C., with him on the briefs), for Plaintiff-Appellant.

Mark C. Fleming of Wilmer Cutler Pickering Hale and Dorr LLP, Boston, Massachusetts ( Robert N. Calbi of Law Offices of Robert N. Calbi, Kansas City, Missouri; Daniel T. Hansmeier , Appellate Chief, and Melody Brannon , Federal Public Defender, Kansas Federal Public Defender, Kansas City, Kansas; Eric L. Hawkins and Kevin R. Palmer of Wilmer Cutler Pickering Hale and Dorr LLP, Boston, Massachusetts; and Thomas G. Sprankling of Wilmer Cutler Pickering Hale and Dorr LLP, Palo Alto, California, with him on the brief), for Defendants-Appellees.

Before MATHESON, BALDOCK, and MORITZ, Circuit Judges.


This appeal involves the constitutionality of a federal immigration statute that makes it a crime to encourage or induce a noncitizen1 to reside in the United States, knowing or recklessly disregarding that such residence violates the law. 8 U.S.C. § 1324(a)(1)(A)(iv). After a jury convicted...

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