USCA11 Case: 19-11354 Document: 122-1 Date Filed: 04/14/2023 Page: 1 of 15 [PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 19-11354 ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus STANLEY WINTFIELD ROLLE, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:18-cr-20869-PCH-1 ____________________ USCA11 Case: 19-11354 Document: 122-1 Date Filed: 04/14/2023 Page: 2 of 15 2 Opinion of the Court 19-11354 Before WILSON, JORDAN, and BRASHER, Circuit Judges. WILSON, Circuit Judge: Stanley Wintfield Rolle appeals the district court’s denial of his motion to dismiss the indictment for failure to state a crime. In his motion, Rolle argues that 8 U.S.C. § 1324(a) does not apply ex- traterritorially. We affirm the district court’s denial of Rolle’s mo- tion to dismiss and hold that §§ 1324(a)(1)(A)(iv), (a)(1)(A)(v)(I), and (a)(2)(B)(ii) apply to his extraterritorial conduct. I. BACKGROUND On October 24, 2018, United States Coast Guard and Cus- toms and Border Protection officers (collectively, officers) detected a 25-foot boat in United States territorial waters, traveling west to- ward Miami, Florida. The boat was in the United States contiguous zone, about 19 nautical miles from the United States coast, when the officers spotted it. Due to its erratic travel patterns, the officers pursued the boat as it headed east. They noticed the boat riding low in the water (indicating a heavy load), multiple people on deck, and an expired Florida registration number on the outer hull. The officers apprehended the boat about 20 nautical miles off the coast of Bimini, Bahamas. On the boat they found 16 individuals whom Rolle had picked up in Bimini. The officers also found $23,400 in Rolle’s pos- session. Rolle said he was working for a man in Bimini who had given him the money, a GPS, and instructions to take the boat and the individuals toward the United States border. There, Rolle was USCA11 Case: 19-11354 Document: 122-1 Date Filed: 04/14/2023 Page: 3 of 15 19-11354 Opinion of the Court 3 to meet another boat, onto which he would transfer the individuals and the money. None of the 16 individuals had permission to enter the United States. In November 2018, the government filed an indictment in the Southern District of Florida charging Rolle with one count of conspiracy to encourage and induce aliens to enter the United States, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I); 16 counts of en- couraging and inducing aliens to enter the United States, in viola- tion of 8 U.S.C. § 1324(a)(1)(A)(iv); 16 counts of bringing aliens to the United States for commercial gain, in violation of 8 U.S.C. § 1324(a)(2)(B)(ii); and one count of conspiracy to allow, procure, and permit aliens to enter the United States, in violation of 8 U.S.C. § 1327. Rolle pled not guilty. In December 2018, the government filed a superseding indictment with the same charges.1 Rolle filed a motion to dismiss the superseding indictment, arguing that it failed to state a crime because his conduct …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals