No. 23-7560

David Darnell Whitehead v. United States

Lower Court: Fourth Circuit
Docketed: 2024-05-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alien-smuggling border-crossing criminal-intent criminal-procedure designated-port-of-entry illegal-immigration immigration-law mens-rea port-of-entry statutory-interpretation sufficiency-of-evidence
Key Terms:
Immigration
Latest Conference: 2024-09-30
Question Presented (from Petition)

I. IN AN ILLEGAL ALIEN SMUGGLING CASE, WHAT CONSTITUTES
BRINGING TO OR ENTERING THE UNITED STATES "AT A PLACE
OTHER THAN A DESIGNATED PORT OF ENTRY", AND WHETHER
THERE WAS SUFFICIENT EVIDENCE THAT THE PETITIONER KNEW
THAT THE ALIENS WERE BROUGHT TO OR ENTERED THE UNITED
STATES AT A PLACE OTHER THAN A DESIGNATED PORT OF ENTRY.

II. THERE WAS INSUFFICIENT EVIDENCE THAT THE
PETITIONER, KNOWING A PERSON IS AN ALIEN,
KNOWINGLY CONSPIRED TO BRING SUCH PERSON TO
THE UNITED STATES AT A PLACE OTHER THAN A
DESIGNATED PORT OF ENTRY, DID KNOWINGLY
BRING, AND AIDED AND ABETTED BRINGING TO THE
UNITED STATES AN ALIEN AT A PLACE OTHER THAN A
DESIGNATED PORT OF ENTRY, AND KNOWINGLY
TRANSFERRED MONETARY INSTRUMENTS AND FUNDS
FROM A PLACE IN THE UNITED STATES TO A PLACE
OUTSIDE THE UNITED STATES TO PROMOTE BRINGING
SUCH PERSON TO THE UNITED STATES AT A PLACE
OTHER THAN A DESIGNATED PORT OF ENTRY.

Question Presented (AI Summary)

Whether the petitioner's conduct constituted bringing aliens to or entering the United States at a place other than a designated port of entry, and whether there was sufficient evidence that the petitioner knew of this fact

Docket Entries

2024-10-07
Petition DENIED.
2024-06-13
DISTRIBUTED for Conference of 9/30/2024.
2024-06-10
Waiver of right of respondent United States to respond filed.
2024-05-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2024)

Attorneys

David Darnell Whitehead
Rudolph Alexander Ashton IIIDunn, Pittman, Skinner & Ashton, PLLC, Petitioner
United States
Elizabeth B. Prelogar — Respondent