A conviction of possession of contraband cigarettes, in violation of 18 U.S.C. 2342, should not constitute a crime involving moral turpitude. The statute provides:

(a) It shall be unlawful for any person knowingly to ship,
transport, receive, possess, sell, distribute, or purchase
contraband cigarettes.

(b) It shall be unlawful for any person knowingly to make any
false statement or representation with respect to the information
required by this chapter to be kept in the records of any person
who ships, sells, or distributes any quantity of cigarettes in
excess of 60,000 in a single transaction.

The first subsection should not be a CMT, since no fraudulent intent is required, merely possession, and all the verbs are in the disjunctive. Contraband does not mean stolen, but out of compliance with a basically regulatory requirement. See N. TOOBY & J. ROLLIN, CRIMES OF MORAL TURPITUDE 9.44 (2005). The second subsection is closer but also should not be a CMT if courts have not found that fraudulent intent is an essential element of the offense.

jurisdiction: 
Other

 

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