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Keywords

defendantappealtrialimmigration lawvisanaturalizationjury instructionspiracy
defendantappealtrialimmigration lawvisanaturalizationjury instructionspiracy

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Vickerage; U.S. v.

Facts

Defendant offered to pay a friend to marry her in order for her to remain in the United States. She was subsequently convicted of conspiring to enter into a sham marriage in order to circumvent the immigration laws. On appeal, the court affirmed the conviction, rejecting defendant's assertion that there was insufficient evidence for the jury to find a conspiracy. Defendant did not deny her intent to enter into a sham marriage. The evidence in support of the friend's agreement to conspire was a phone call in which he offered to help defendant by marrying her. He knew that she had to marry or obtain a student visa in order to remain in the United States, that she offered money to others to marry her, and that the marriage would be one of convenience, as defendant told him.

Defendant offered to pay a friend to marry her in order for her to remain in the United States. She was subsequently convicted of conspiring to enter into a sham marriage in order to circumvent the immigration laws. On appeal, the court affirmed the conviction, rejecting defendant's assertion that there was insufficient evidence for the jury to find a conspiracy. Defendant did not deny her intent to enter into a sham marriage. The evidence in support of the friend's agreement to conspire was a phone call in which he offered to help defendant by marrying her. He knew that she had to marry or obtain a student visa in order to remain in the United States, that she offered money to others to marry her, and that the marriage would be one of convenience, as defendant told him.

Issue

Vickerage contends that: (1) the evidence did not demonstrate the existence of a conspiracy between her and the co-conspirator, Neil Clark; (2) the jury instructions deviated from the indictment, thus violating her right to a fair trial; (3) the speedy trial act was violated, and (4) the sentence was excessive.

Vickerage contends that: (1) the evidence did not demonstrate the existence of a conspiracy between her and the co-conspirator, Neil Clark; (2) the jury instructions deviated from the indictment, thus violating her right to a fair trial; (3) the speedy trial act was violated, and (4) the sentence was excessive.

Rule

To prove conspiracy here, the government had to show, among other things, that an agreement to violate the immigration laws existed between Vickerage and Clark.

To prove conspiracy here, the government had to show, among other things, that an agreement to violate the immigration laws existed between Vickerage and Clark.

Analysis

After reviewing the record, it is clear that the government presented evidence sufficient for a jury to conclude that Vickerage possessed the requisite criminal intent to enter into a sham marriage to circumvent the immigration and naturalization laws. Indeed, Vickerage conceded this at trial and in her brief. We also believe that the government presented sufficient evidence for a jury to conclude that Clark had aided and abetted Vickerage in her attempt to violate the immigration laws.

After reviewing the record, it is clear that the government presented evidence sufficient for a jury to conclude that Vickerage possessed the requisite criminal intent to enter into a sham marriage to circumvent the immigration and naturalization laws. Indeed, Vickerage conceded this at trial and in her brief. We also believe that the government presented sufficient evidence for a jury to conclude that Clark had aided and abetted Vickerage in her attempt to violate the immigration laws.

Conclusion

The court affirmed the judgment convicting defendant for conspiring to enter into a sham marriage to bypass the immigration laws.

The court affirmed the judgment convicting defendant for conspiring to enter into a sham marriage to bypass the immigration laws.

Who won?

The government prevailed in the case because the court found sufficient evidence to support the jury's conclusion that Vickerage conspired to enter into a sham marriage.

The government prevailed in the case because the court found sufficient evidence to support the jury's conclusion that Vickerage conspired to enter into a sham marriage.

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