Michael Wood, et ux. v. United States

Whether Defendants’ conviction for conspiracy to commit immigration offenses is legally invalid pursuant to Yates v. United States, 354 U.S. 298 (1957) because at least one of the three “objects” of the conspiracy took place outside the “object’s” statute of limitations period.

Whether the offense of “encourag[ing] or induc[ing] an alien . . . to reside in the United States,” 8 U.S.C. § 1324(a)(1)(A)(iv), is facially overbroad and violates the First Amendment.

Whether the Defendants’ convictions resulted from a constructive amendment to the indictment, or from a prejudicial variance, when the trial court permitted the government to avoid a statute of limitations problem by arguing that conduct that post-dated the offenses that the grand jury charged was offense conduct, and permitted the jury to consider it as such.