United States v. Allan Parmelee, Ewa Brozek-Lukaszuk, Alojzy Sandrzyk, Tadeusz Sobiecki, and Lester Lukaszuk

42 F.3d 387
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 27, 1995
Docket92-3479, 92-3487, 92-3500, 92-3559 and 93-1265
StatusPublished
Cited by59 cases

This text of 42 F.3d 387 (United States v. Allan Parmelee, Ewa Brozek-Lukaszuk, Alojzy Sandrzyk, Tadeusz Sobiecki, and Lester Lukaszuk) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Allan Parmelee, Ewa Brozek-Lukaszuk, Alojzy Sandrzyk, Tadeusz Sobiecki, and Lester Lukaszuk, 42 F.3d 387 (7th Cir. 1995).

Opinions

FLAUM, Circuit Judge.

This case arose out of an investigation initiated by the Royal Canadian Mounted Police into suspicious activity at Grimsby Airpark, a small, rural airstrip located approximately one hour southwest of Toronto, Ontario, just north of the Canada-United States international border. Several individuals reported seeing a small Piper Cherokee plane landing on numerous occasions when the airpark was closed, taking on passengers, and departing after being on the ground a short time. Once it was determined that the [389]*389plane was based at the DuPage County Airport in West Chicago, Illinois, agents of the United States Immigration and Naturalization Service arranged for dual surveillance of the plane’s activities at Grimsby Airpark and DuPage Airport. Largely as a result of this surveillance, the investigation revealed eight instances between February 12, and April 21, 1991, in which illegal Polish aliens were smuggled into this country. On each occasion, the aliens, who were carrying luggage, were driven by car in prearranged rides to Grimsby Airpark. There, the aliens were met by pilot Allan Parmelee, who flew them to DuPage Airport where they arrived late at night. From the airport, Parmelee drove the aliens to a prearranged rendezvous point in Chicago, usually a gas station, where Parme-lee delivered the aliens to Tadeusz Sobiecki. After taking delivery of the aliens, Sobiecki drove them by car either to their final destinations in Chicago or to other locations where he transferred the aliens to Ewa Bro-zek-Lukaszuk, her husband Lester Lu-kaszuk, and Alojzy Sandrzyk, among others, for further transport.

A grand jury returned a seventeen-count superseding indictment against Parmelee, Sobiecki, Brozek-Lukaszuk, Lukaszuk, and Sandrzyk. Count One charged all five defendants with conspiring to transport illegal aliens within the United States in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324(a)(1)(B).1 Counts Two, Four, Six, Eight, Ten, Twelve, Fourteen, and Sixteen charged Parmelee with knowingly bringing aliens into the United States at a place other than a designated port of entry in violation of 8 U.S.C. § 1324(a)(1)(A).2 The remaining counts charged the various defendants with substantive violations of 8 U.S.C. § 1324(a)(1)(B).

The defendants pleaded not guilty, and the case went to trial before a jury. In the midst of trial, Parmelee withdrew his plea of not guilty and entered a plea of guilty to all seventeen counts of the indictment. The trial continued against the remaining defendants whom the jury found guilty as charged in the indictment. The district court sentenced the defendants to the following terms of imprisonment: Parmelee, twenty-one months; Sobiecki, thirty-six months; Bro-zek-Lukaszuk, six months; and Sandrzyk, twelve months. Lukaszuk was sentenced to three years of probation, with the special condition that he serve the first sixty days in custody.

On appeal, the defendants raise a number of issues but only two require consideration: (1) the sufficiency of the instructions given to the jury for the section 1324(a)(1)(B) offense, and (2) the three-level enhancement of Par-melee’s base sentencing level under U.S.S.G. § 3Bl.l(b) for his managerial or supervisory role in the offense. For the reasons set forth below, we affirm the convictions and sentences of Sobiecki, Brozek-Lukaszuk, Lu-kaszuk, and Sandrzyk, but remand the case to the district court for resentencing of Par-melee.

I.

Sobiecki, Brozek-Lukaszuk, Lukaszuk, and Sandrzyk3 contend that their [390]*390convictions for transporting illegal aliens in violation of section 1324(a)(1)(B) should be reversed because the district court erroneously failed to instruct the jury on an essential element of the offense — the defendants’ willfulness in furthering the aliens’ continued illegal presence in the United States. The district court instructed the jury as follows:

Counts 3, 5, 7, 9, 11, 13, 15, and 17 of the indictment charge one or more of the defendants with unlawfully transporting aliens within the United States in violation of Title 8, United States Code, Section 1324(a)(1)(B). That statute provides in relevant part:
‘Any person who knowing or in reckless disregard of the fact that an alien has come to, entered or remains in the United States in violation of law, transports or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise in furtherance of such violation of law shall be guilty of an offense against the United States.’
You should refer to the indictment to determine which defendant is charged in each count.
In order to sustain a charge of unlawful transportation of an alien within the United States the government must prove each of the following propositions beyond a reasonable doubt:
First, that the alien had entered or remained in the United States in violation of law;
Second, that the defendant knew or recklessly disregarded the fact that the alien had entered or remained in the United States in violation of law; and
Third, that the defendant transported the alien in furtherance of the alien’s unlawful entry to or presence in the United States.
******
In order for transportation to be in furtherance of an alien’s unlawful entry or presence, there must be a direct or substantial relationship between the defendant’s act of transportation and the alien’s unlawful entry to or presence in the United States. In other words, the act of transportation must not be merely indicental [sic] to a furtherance of the alien’s violation of the law.
An act of transportation is in furtherance of the alien’s unlawful entry of [sic] presence if such transportation brings the alien to his or her destination or place of refuge, or helps the alien remain in the country unlawfully, undetected by those responsible for enforcing the immigration laws.
A surreptitious or furtive transportation of an alien which inhibits the enforcement of immigration laws may be in furtherance of the alien’s unlawful entry of [sic] presence.

(Tr. 2954-56). The defendants argue that these instructions allowed the jury to find them guilty simply for transporting illegal aliens even if they did not know they were furthering the aliens’ violation of the law.

We have no question that section 1324(a)(1)(B) implicitly requires the government to prove beyond a reasonable doubt not only that the defendant knew the alien he transported had entered this country in violation of immigration law, but also that the defendant knowingly transported the alien to further that violation, that is, acted willfully. See, e.g., United States v. Chavez-Palacios, 30 F.3d 1290, 1294 (10th Cir.1994); United States v. Diaz, 936 F.2d 786, 788 (5th Cir.1991); United States v. Medina-Garcia,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Zhong
26 F.4th 536 (Second Circuit, 2022)
United States v. Blair Cook
Seventh Circuit, 2020
United States v. Thung Van Huynh
884 F.3d 160 (Third Circuit, 2018)
United States v. Kalu
791 F.3d 1194 (Tenth Circuit, 2015)
United States v. Rafiq Brooks
772 F.3d 1161 (Ninth Circuit, 2014)
United States v. Alfred
59 V.I. 1106 (Virgin Islands, 2013)
United States v. Jeffery L. Dickerson
705 F.3d 683 (Seventh Circuit, 2013)
Yu Tian Li v. United States
648 F.3d 524 (Seventh Circuit, 2011)
United States v. Hatfield
591 F.3d 945 (Seventh Circuit, 2010)
United States v. Rex Hatfield
Seventh Circuit, 2010
United States v. Silveus
542 F.3d 993 (Third Circuit, 2008)
United States v. Vega
184 F. App'x 236 (Third Circuit, 2006)
United States v. Yeh, Hsin-Yung
278 F.3d 9 (D.C. Circuit, 2002)
United States v. Correa-Gomez
160 F. Supp. 2d 748 (E.D. Kentucky, 2001)
System Management, Inc. v. Loiselle
91 F. Supp. 2d 401 (D. Massachusetts, 2000)
United States v. Cruz
59 F. Supp. 2d 340 (D. Puerto Rico, 1999)
United States v. Blackley, Ronald H.
167 F.3d 543 (D.C. Circuit, 1999)
United States v. Martin Barajas-Chavez
162 F.3d 1285 (Tenth Circuit, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
42 F.3d 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-allan-parmelee-ewa-brozek-lukaszuk-alojzy-sandrzyk-ca7-1995.