United States v. Deanna Costello
2012 U.S. App. LEXIS 1786
| 7th Cir. | 2012Background
- Costello, a U.S. citizen, lived in Cahokia, Illinois, with a boyfriend whom she knew to be an illegal alien who had previously been deported after a federal drug conviction.
- In March 2006, Costello allegedly picked him up at a Greyhound terminal and housed him at her 816 La Salle Street residence for about seven months.
- The boyfriend remained with Costello until his arrest in October 2006 on drug charges, after which he was prosecuted and imprisoned.
- Costello was indicted for concealing, harboring, and shielding from detection an alien known to be in the United States illegally under 8 U.S.C. § 1324(a)(1)(A)(iii).
- The district court found her guilty on all three offenses, sentenced her to two years’ probation and a $200 fine, and the government argued her actions constituted harboring and substantial facilitation.
- The Seventh Circuit reversed, holding that the record did not establish harboring as distinct from simple sheltering or cohabitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does cohabitation with an illegal alien satisfy harboring under § 1324(a)(1)(A)(iii)? | Government: harboring includes sheltering and facilitating continued presence. | Costello: harboring requires more than providing shelter; not shown by facts. | Harboring not proven; acquittal on harboring. |
| Should dictionary definitions control the meaning of harboring in § 1324(a)(1)(A)(iii)? | Government relies on historical dictionary definitions to define harboring. | Costello: dictionaries are aids, not controlling; context matters; avoid overbroad readings. | No; dictionary alone cannot define harboring; context and purpose matter. |
| Did the statutory trio concealing, shielding from detection, and harboring yield a meaningful interpretation that would cover Costello's conduct? | Government contends harboring covers broader conduct to close loopholes. | Costello: harboring should be distinct from simple sheltering; record shows no concealment or shielding. | Harboring requires more than sheltering; not satisfied by cohabitation alone. |
Key Cases Cited
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (interpretation of residual clause in crime statute)
- United States v. Williams, 553 U.S. 285 (U.S. 2008) (adjacent statutory meaning aids interpretation)
- Ye v. United States, 588 F.3d 411 (7th Cir. 2009) (separate independent meanings of conceal, harbor, shield)
- Susnjar v. United States, 27 F.2d 223 (6th Cir.1928) (harbor as clandestine shelter)
- United States v. Mack, 112 F.2d 290 (2d Cir.1940) (statute directed against aiding evaders; collocation of conceal and harbor)
- Acosta de Evans, 531 F.2d 428 (9th Cir.1976) (harbor means concealment and simple sheltering)