As you may know, the Ninth Circuit updates its
civil and criminal model instructions every quarter. There is a bit of a delay in posting them (the March 2023 instructions are up there now), but every now and then they make an edit or a correction before they post the quarterly update. There is no formal announcement; I get tipped off when the file name changes.
The interim change this time was an edit to Model Criminal Instruction 7.4 Alien—Encouraging Illegal Entry (8 U.S.C. § 1324(a)(1)(A)(iv)) (Comment). It used to read:
Section 1324(a)(1)(A)(iv) is facially overbroad under the First Amendment of the U.S. Constitution, and therefore a person cannot validly be charged or convicted of a
§ 1324(a)(1)(A)(iv) offense. See United States v. Hansen, 25 F.4th 1103, 1105-06, 1110-11 (9th Cir. 2022).
Now it reads:
Because § 1324(a)(1)(A)(iv) forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, the clause is not unconstitutionally overbroad. See United States v. Hansen, 2023 WL 4138994 (U.S. June 23, 2023). Further updates to this instruction in light of Hansen are forthcoming.
The HTML and PDF versions have been updated, but not the DOCX.