USCA11 Case: 20-12147 Document: 98-1 Date Filed: 05/04/2023 Page: 1 of 9 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 20-12147 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HARRINGTON CAMPBELL, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:19-cr-20399-UU-3 ____________________ USCA11 Case: 20-12147 Document: 98-1 Date Filed: 05/04/2023 Page: 2 of 9 2 Opinion of the Court 20-12147 Before WILLIAM PRYOR, Chief Judge, and WILSON and LUCK, Cir- cuit Judges. PER CURIAM: Harrington Campbell appeals his conviction and sentence for reentering the United States illegally, 8 U.S.C. § 1326(a), (b)(2). Campbell argues, for the first time, that his statute of conviction is unconstitutional. He also argues that the district court erred by denying his motion for a judgment of acquittal based on the lack of evidence of his intent to enter the United States and that the district court erred by imposing a written, but not orally pronounced, spe- cial condition of supervised release. We affirm. A grand jury indicted Campbell with illegal reentry of a re- moved alien, id., after he was found within the special maritime and territorial jurisdiction of the United States and having been re- moved or deported a year earlier. At trial, the parties stipulated that Campbell was deported or removed from the United States on June 28, 2018. The govern- ment presented testimony from Trey Zinke, a marine interdiction agent with Customs and Border Protection. Zinke testified that, on June 9, 2019, he was aboard the vessel that interdicted the boat on which Campbell was aboard 11.7 nautical miles from the United States and within its jurisdiction. The interdicted boat was “riding very heavy in the water” and “there was a lot of weight in the bow of the boat.” Several people were in the cabin of the boat, and they appeared to be deflated, scared, and upset based on their facial USCA11 Case: 20-12147 Document: 98-1 Date Filed: 05/04/2023 Page: 3 of 9 20-12147 Opinion of the Court 3 expressions and body language. The interdicted boat had a func- tioning radio and compass. Special Agent Douglas Doherty with the Department of Homeland Security testified that he interviewed Campbell the next day. Campbell told him that “Marvin Johnson was responsible for smuggling [him] into the United States” and that he had infor- mation about another boat interdicted six weeks earlier. Campbell was arrogant and refused to answer any clarifying questions about Johnson unless he was provided with assistance for his “immigra- tion problems.” Campbell did not mention the boat taking on wa- ter or that he thought that he was going to Freeport, Bahamas, in- stead of the United States. A records and information specialist for the Department testified that, as of June 9, 2019, Campbell did not have permission to enter the United States. The government played a recorded deposition of Gloria Be- navides, one of Campbell’s codefendants who had since been re- …
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