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CASE NAME:United States v. Damian Tapia
ALL PLAINTIFFS:United States
ALL DEFENDANTS:Damian Tapia, Ruben Tapia
CITATION:
DOCKET NUMBER:84-3419
SOURCE:Lexis Search
TYPE OF CASE:Criminal
RELATED CASE CITATION:
TYPE OF TRIAL:Jury
TRIAL JUDGE(S):
YEAR OF ARREST:
YEAR OF VERDICT:
TYPE OF COURT:Federal
STATE:Florida
FEDERAL DISTRICT:Middle District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:4 +
GENDER OF VICTIM(S):Male
VICTIM'S COUNTRY OF ORIGIN:Mexico
METHOD OF ENTRY INTO THE U.S.:Undocumented
WAS VICTIM CHARGED WITH A CRIME:
NUMBER OF DEFENDANT(S):2
GENDER OF DEFENDANT(S):Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Agricultural Industry
FIRST CHARGE:Conspiracy to Transport Illegal Aliens
FIRST CHARGE US/STATE CODE CITATION:18 U.S.C. §371
FIRST CHARGE VERDICT/PLEA:Guilty Verdict
FIRST CHARGE SENTENCE:
SECOND CHARGE:Transporting Illegal Aliens
SECOND CHARGE US/STATE CODE CITATION:18 U.S.C. §1324; 18 U.S.C. §2
SECOND CHARGE VERDICT/PLEA:Guilty Verdict
SECOND CHARGE SENTENCE:
THIRD CHARGE:Peonage
THIRD CHARGE US/STATE CODE CITATION:18 U.S.C. §1581
THIRD CHARGE VERDICT/PLEA:Acquitted
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CORE TERMS:
SENTENCING OPINION CITATION:
LENGTH OF GREATEST SENTENCE:24 months
RESTITUTION REQUIRED:
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FORFEITURE IMPOSED:
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TOTAL AWARD:
APPEAL:Yes
EXPLANATION OF APPEAL:Appealed Conviction
APPELLATE OPINION CITATION:761 F.2d 1488 (11th Cir. 1985)
HOLDING OF APPEALS COURT:Reverse
APPEAL STILL PENDING?:
SUMMARY:

Defendants Damian and Ruben Tapia, brothers, were accused of smuggling people into the United States.  In this case, two El Salvadoran immigrants alleged that they were smuggled into the United States by Ruben.  About a month after arriving in Houston, Ruben offered the men employment in Florida with his brother, Damian. There, the men would work picking tomatoes. Ruben and Damian subsequently drove the men from Texas to Florida.

The appellate court reversed Damian's conviction, finding that there was insufficient evidence showing that Damian either knew or had grounds to believe the aliens had entered the country within the last three years.

Approval Status:Approved
Approver Comments:
            
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