In a separate opinion, U.S. Circuit Judge Raymond M. Kethledge concurred with the majority on affirming the conviction but differed on whether prosecutors had to show Zheng and Qiu Wu intentionally harbored the unauthorized immigrants. According to Judge Kethledge, the panel majority did not properly address the question of intent and instead focused on whether Zheng and Qiu Wu harbored the migrants “knowingly,” a separate issue not presented to the panel.
Zheng and Qiu Wu are represented by Riddhi Dasgupta, Robert K. McBride, and Kenneth A. Foisy of Taft Stettinius & Hollister LLP, and Sarah C. Larcade of McKinney & Namei Co. LPA.
The government is represented by Elizabeth B. Prelogar, Nicole M. Argentieri, and Javier A. Sinha of the U.S. Department of Justice.
The case is Yun Zheng, aka Wendy Zheng, and Yan Qiu Wu, aka Jason Wu, Petitioners v. United States, case number 23-928, in the Supreme Court of the United States.
