Strict Liability for Transporting Unaccompanied Minors: USA v. Corona-Montano

This espiode discusses an opinion from the Fifth Circuit Court of Appeals addressing whether a defendant must knowingly transport an unaccompanied minor to receive a harsher sentence for human smuggling. The appellant, Luis Francisco Corona-Montano, challenged a specific sentencing enhancement by arguing he was unaware that one of his passengers was a child traveling alone. However, the court determined that the relevant Sentencing Guidelines contain no requirement for intent or knowledge, meaning the rule operates under strict liability. The judges reasoned that because other legal provisions explicitly mention mens rea, the absence of such language in this section was a deliberate choice by lawmakers. Ultimately, the court affirmed the original 71-month sentence, emphasizing that traffickers are responsible for the actual circumstances of their crimes regardless of their personal awareness.