United States v. Kim, Docket No. 05-1605-cr (2d Cir. Jan. 18, 2006) (Calabresi, Parker, Wesley) (per curiam): The Circuit affirms Kim’s conviction for smuggling aliens into the United States (from Canada) “for the purpose of commercial advantage or private financial gain,” rejecting his sufficiency challenge to the jury’s verdict. Kim’s principal argument was that the evidence was insufficient to show that he committed the offense for the purpose of financial gain because “the Government failed to adduce any evidence that [he] received, was promised or indeed asked for any money or anything of value for his part in the [smuggling] operation.” Op. 5.
The Court rejects this argument on the ground that the evidence showed that each of the other 3 participants in the smuggling operation “either had received or expected to receive some sort of financial gain.” Op. 5. In light of this evidence, the Court …