Wednesday, September 5, 2007

Vindictive Prosecution: U.S. v. Jenkins, 518 F.3d 694: Part I

On two consecutive days in October, border patrol agents stopped Ms. Jenkins and arrested her each time for concealing two illegal aliens in her car. No charges were filed although Jenkins admitted to the agents she was paid to smuggle aliens. In January, three months later, she and her husband attempted to enter the United States and border patrol arrested them in their car for importing marijuana. Indicted for importation, the defendant testified at trial she was unaware of the marijuana concealed in the car because she believed she was smuggling illegal aliens. Based on this testimony, and while the jury was deliberating, the U.S. Attorney indicted her for smuggling aliens based on the October events.

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