United States v. Gustavo Dominguez

I concur in the court’s judgment reversing Dominguez’s convictions for the 8 U.S.C. § 1324(a)(l)(A)(ii)1 transporting violations, Counts 44 through 48, and the 8 U.S.C. § 1324(a)(l)(A)(iii)2 harboring violations, Counts 49 through 53. I dissent, however, from court’s affirmance of Dominguez’s convictions for conspiring, in violation of 18 U.S.C. § 371,3 to commit those offenses and the smuggling offense, 8 U.S.C. § 1324(a)(2)(B)(ii), Count 1; for attempted smuggling, in violation of 8 U.S.C. § 1324(a)(2)(B)(ii), Counts 5, 6, 10, 13, and *107619; and for smuggling, in violation of 8 U.S.C. §…