Whether a prosecution under the enhanced penalties of 8 U.S.C. § 1324(a)(2)(B)(ii) can be sustained where the 'private financial gain' involved is a de minimis fee or cost where a family friend or acquaintance, who is already here in the United States, merely loans someone the money required to come to the United States seeking a better life for themselves and their families?

QUESTION PRESENTED FOR REVIEW Federal law makes it unlawful for anyone to bring or attempt to bring an alien to the United States “knowing or in reckless disregard of the fact that [the] alien has not received prior official authorization to come to, enter, or reside in the United States. 8 U.S.C. § 1324(a)(2). A defendant convicted under that statute cannot be imprisoned for more than one year. 8 U.S.C. § 1324(a)(2)(A). However, if the offense is committed “for the purpose of commercial advantage or private financial gain,” the offense carried a mandatory minimum sentence of three years and a statutory maximum of ten years. 8 U.S.C. § 1324(a)(2)(B)(ii). That enhanced punishment is intended for the prosecution of large-scale smugglers whose business is to bring undocumented immigrants to the United States. Question Presented: Whether a prosecution under the enhanced penalties of 8 U.S.C. § 1324(a)(2)(B)(ii) can be sustained where the “private financial gain” involved is a de minimis fee or cost where a family friend or acquaintance, who is already here in the United States, merely loans someone the money required to come to the United States seeking a better life for themselves and their families? i INTERESTED PARTIES There are no