United States v. Kendrick, 682 F.3d 974, *984 (11th Cir. Jun. 1, 2012) (elements of federal offense knowingly bringing or attempting to bring an alien into the United States for the purpose of commercial advantage and private financial gain, in violation of 8 U.S.C. 1324(a)(2)(B)(ii) are as follows: the defendant: (1) knowingly brought an alien into the United States; (2) knew or recklessly disregarded the fact that the alien had not received prior official authorization to come to or enter the United States; and (3) participated in the smuggling for the purpose of commercial advantage or private financial gain. United States v. Dominguez, 661 F.3d 1051, 1063"64, 1066 (11th Cir.2011); see also 8 U.S.C. 1324(a)(2)(B)(ii). [Footnote omitted.] As for the first two elements, a specific intent to violate the law is not required, and the defendant need not know that the act is illegal or wrong. Dominguez, 661 F.3d at 1068"69. Rather, knowingly merely requires proof of knowledge of the facts that constitute the offense. Id. at 1068 (quotation omitted). To act with reckless disregard means to be aware of, but consciously and carelessly ignore, facts and circumstances clearly indicating that the person transported was an alien who had entered or remained in the United States in violation of law. United States v. Perez, 443 F.3d 772, 781 (11th Cir.2006) (emphasis omitted). As for the third element, there need not be evidence of actual payment or even an agreement to pay; rather, it is sufficient if the defendant acted for the purpose of financial gain. Dominguez, 661 F.3d at 1066.).

 

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