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US v. Estrada
969 F.3d 1245 (2020)
Facts: A Major League Baseball (MLB) trainer named Julio Estrada and a baseball manager named Bartolo Hernandez worked with several human traffickers and Mexican criminal organizations to smuggle Cuban baseball players into the United States Illegally in an effort to recruit them to MLB teams. The Players brought to the United States illegally were being signed by teams through free agency (a pool of baseball players who have not yet been signed). The contracts offered to these players were worth several million dollars. Both Estrada and Hernandez were charging these “smuggled” players agent fees for personal financial gain.
To get these players into the United States Estrada and Hernandez had to obtain a “unblocking” license for each athlete. An unblocking license is required for Cuban citizens by the MLB to enter free agency, but to obtain this is not a quick easy process. Estrada and Hernandez first smuggled these players into Mexico, Haiti, or the Dominican Republic. They then obtained fraudulent residency documents from co-conspirators for proof of residency. The players were then able to use these fraudulent documents to gain their unblocking license granting them access to enter the MLB free agency. Along with that, some players used these fraudulent documents to obtain a visa as well.
Estrada and Hernandez were charged for smuggling four Cuban citizens into the United States which is in violation of 8 U.S.C. § 1324. Estrada and Hernandez knowingly brought noncitizens into the United States for commercial advantage or private financial gain with the knowledge that these players were not authorized to enter, visit, or reside in the United States. Estrada and Hernandez argued that even if there was proof, the allegations of the indictment would not establish that they brought anyone to the United States unlawfully. They argued that the CAA and Wet-Foot/Dry-Foot policy provided these athletes “prior official authorization” to enter the United States.
Issue: Estrada and Hernandez illegally smuggled Cuban citizens into the United States without their required unblocking license for commercial advantage or personal financial gain.
Ruling- The court rejected Estrada and Hernandez’s argument due to the fact that the CAA and the Wet-Foot/Dry-Foot policy did not provide “prior official authorization” for Cuban citizens to enter or reside in the United States. The Jury found Estrada and Hernandez Guilty and sentenced Estrada to 63 months in prison and Hernandez to 46 months in prison.
Rationale- Both Estrada and Hernandez renewed their motions for judgement of acquittal, once again arguing that the CAA and the Wet-Foot/Dry-Foot policy gave the athletes “prior official authorization” to enter the United States. They also stated that the “prior official authorization” instruction was misleading to the jury and made them believe that “no Cuban citizen can enter the United States legally.” Along with that, they also filed a motion for a new trial. The court denied these motions. Hernandez’s sentence was later reduced due to the fact that he was his grandmother’s caregiver during the height of the Covid-19 pandemic and placed him on home confinement until April of 2021.
Source:
Casetext: Smarter Legal Research, United States v. Estrada, 2020. https://casetext.com/case/united-states-v-estrada-132/?PHONE_NUMBER_GROUP=P (Links to an external site.)
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