United States v. Masao Fujii, A/K/A Yasuo Tamura

KANNE, Circuit Judge.

Masao Fujii was convicted of attempting to smuggle aliens into the United States for private financial gain, in violation of 8 U.S.C. § 1324(a)(2)(B)(ii) (“Count 1”); of encouraging and inducing aliens to come to, enter, or reside in the United States, knowing that it was in violation of law, in violation of 8 U.S.C. § 1324(a)(l)(A)(iv) (“Count 2”); and finally, of knowingly using a counterfeit passport, in violation of 18 U.S.C. § 1543 (“Count 3”). The district court sentenced Fujii to 36 months of imprisonment. On appeal, Fujii challenges his conviction with respect to…