United States v. Evelyn Borrero

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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Argued October 27, 2014
Decided October 27, 2014
Before
DIANE P. WOOD, Chief Judge
FRANK H. EASTERBROOK, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge
Nos. 13-3430, 13-3468, 13-3516, 13-3517
and 13-3559 Appeals from the United
States District Court for the
UNITED STATES OF AMERICA, Northern District of Indiana,
Plaintiff-Appellee, South Bend Division.
v.
No. 3:12-CR-067 JD
EVELYN R. BORRERO, OMAR LAGUNES, Jon E. DeGuilio, Judge.
YALITZA EXCLUSA-BORRERO, LUIS MERINO and
MARGARITO FUENTES REYES,
Defendants-Appellants.
Order
The judgments of conviction on Count I (violation of 8 U.S.C §1324(a)(1), 18
U.S.C. §2) are reversed, and the cases are remanded with instructions to enter
judgments of acquittal on this count.
The judgments of conviction on Count II (violation of 18 U.S.C. §§ 2, 1349)
are reversed, and the cases are remanded with instructions to hold a new trial if
the United States so elects.
Nos. 13-3430, 13-3468, 13-3516, 13-3517 and 13-3559 Page 2
The court will issue in due course an opinion explaining these decisions.
The time to file a petition for rehearing or rehearing en banc, see Fed. R. App.
P. 40, will not begin to run until the court issues its opinion.
In the meantime, the defendants are entitled to release on bail. The case is
immediately remanded to the district court so that it may fix the conditions of
release. Except with respect to that subject, the mandate will not issue until the
opinion has been released and the time for seeking rehearing has expired (or the
court has acted on any petition for rehearing that any party files).