11th Cir. Pattern Jury Instr. (Criminal) O96.4

to Enter the United States

8 U.S.C. § 1324(a)(1)(A)(v)(I)

Title 8, United States Code, Section 1324 (a)(1)(A)(v)(I), makes it a crime

for anyone to conspire with someone else to encourage or induce aliens to come to,

enter, or reside in the United States, knowing and in reckless disregard of the fact

that such coming to, entry, and residence is and will be in violation of the law.

A conspiracy is an agreement by two or more persons to commit an unlawful

act. In other words, it is a kind of partnership for criminal purposes. Every member

of the conspiracy becomes the agent or partner of every other member.

The Government does not have to prove that all the people named in the

indictment were members of the plan, or that those who were members made any

kind of formal agreement. The heart of a conspiracy is the making of the unlawful

plan itself, so the Government does not have to prove that the conspirators

succeeded in carrying out the plan.

The Defendant can be found guilty only if all the following facts are proved

beyond a reasonable doubt:

First: The defendant and one or more persons in some way agreed to

try to accomplish a shared and unlawful plan;

Second: The defendant knew the unlawful purpose of the plan and

willfully joined in it; and

Third: The object of the conspiracy was to encourage or induce an

alien to come to, enter, or reside in the United States, knowing or in

reckless disregard of the fact that such coming to, entry, and residence

was or would be in violation of law.

A person may be a conspirator even without knowing all the details of the

unlawful plan or the names and identities of all the other alleged conspirators.

If the Defendant played only a minor part in the plan but had a general

understanding of the unlawful purpose of the plan – and willfully joined the plan

on at least one occasion – that is sufficient for you to find the Defendant guilty.

But simply being present at the scene of an event or merely associating

with certain people and discussing common goals and interests does not establish

proof of conspiracy. Also, a person who does not know about a conspiracy but

happens to act in a way that advances some purpose of one does not

automatically become a conspirator.