United States v. Costello, No. 11-2917 (7th Cir. 2012)Annotate this Case
Defendant, a U.S. citizen, had a romantic relationship and lived with an illegal alien, who was later arrested on drug charges. After being deported to Mexico, he returned illegally and again lived with defendant. When he was again arrested on drug charges, defendant was convicted under 8 U.S.C. 1324(a)(1)(A), (iii), as one who knowingly or in reckless disregard of the fact that an alien was in the U.S. in violation of law, concealed, harbored or shielded such alien. The statute also covers attempts and transportation. The district judge sentenced her to two years' probation and to pay a $200 fine. The Seventh Circuit reversed, distinguishing between "harboring" and providing shelter, without concealing or shielding from detection.