United States v. Qayyum

HENRY, Circuit Judge.

This case requires us to determine whether the district court, before trial, improperly dismissed one count of a multi-count indictment concerning the alleged immigration of an unlawful alien into the United States. The count at issue charges Abdul Qayyum, Chris Marie Warren, Ha-roon Rashid, Saima Saima, and Irfan Kam-ran (“the Defendants”) with conspiracy to defraud the United States, in violation of 18 U.S.C. § 371. The indictment alleges the conspiracy’s purpose was that “an otherwise inadmissible alien ... fraudulently and unlawfully would enter and remain in the…