Specific intent instruction should be requested; 7th Circuit upholds conviction.

• Date: 05 August 2011

Byline: David Ziemer, david.ziemer@wislawjournal.com

Although there are no standard jury instructions in the 7th Circuit for harboring illegal aliens, an Aug. 4 opinion provides support for defendants to request a specific intent instruction.

Nevertheless, it upheld the defendant's conviction, concluding that he would have been found guilty, even if such an instruction had been given.

Yu Tian Li was charged with three counts of illegally harboring or shielding illegal aliens in violation of 8 U.S.C. 1324(a)(1)(A)(iii), after three aliens were discovered in a make-shift dormitory in his garage. The aliens also worked in Li's restaurant in De Pere.

He was convicted of two of the counts and his convictions were affirmed on direct appeal. Li then filed a motion in district court to vacate his convictions. Among other claims, Li argued his counsel was ineffective for proposing an incorrect jury instruction.

The district court rejected the argument and...