Alien Smuggling—Steven Melton Kivett

In a rare conviction after a jury trial in a smuggling case, Steven Melton Kivett was found guilty of seven counts of conspiring to smuggle aliens into the United States.^[1] Mr. Kivett was also found guilty of entering Cuba illegally himself and of making false statements to the government.^[2]

On June 9, 2006, the U.S. Coast Guard stopped a 26‑foot “go‑fast” or “cigarette” boat in U.S. waters off the Florida coast, roughly 20 miles south of Sugarloaf Key.^[3] On board the Guard discovered 6 citizens from India, none of whom were carrying documentation that permitted them to enter the United States legally. Officers identified Mr. Kivett as the master of the boat.^[4]

It is likely, based on the illegal entry allegation coupled with the charge of obstructing justice as master of a vessel, that the government argued that Mr. Kivett, trying to outrun the U.S. Coast Guard, passed illegally from U.S. to Cuban waters.^[5] Mr. Kivett has not yet been sentenced. The current status of the illegal immigrants is not known.

Conspiracy to Smuggle Aliens (8 U.S.C. §§ 1324(a)(1)(A))
It is crime to knowingly bring or attempt to bring to the United States “in any manner whatsoever an alien at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States.”

Penalties include up to 10 years imprisonment per alien for conspiracy and up to 5 years per alien for smuggling, in addition to possible fines on each count.

Obstruction of Justice; Forfeiture and Fine (50 U.S.C. § 192)
It is a crime for the master of a vessel to obstruct justice. Penalties include imprisonment for up to 10 years, a fine of not more than $10,000, and forfeiture of the boat.

False Statements (18 U.S.C. § 1001(a))
It is a crime for a person to make a materially false statement in any matter within the jurisdiction of the executive, legislative, or judicial branches of the U.S. government.

Violations of section 1001(a) are punishable by a fine, imprisonment for not more than 5 years or both. If the offense is connected to acts of terrorism, the court may impose a term of imprisonment of up to 8 years.

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[1] Alien Smuggler Convicted by Key West Jury, United States Attorney’s Office Press Release, Oct. 8, 2006.
[2] Id.
[3] Convicted Smuggler Faces Up to 40 Years in Prison, Associated Press, Oct. 6, 2006. The go-fast boat, featured in the 1990s television show Miami Vice, is known for its speed, stealth, cost, and popular association with smuggling of various types.
[4] Id.
[5] A search of the U.S. Case/Party Index (PACER) and electronic filing system for the Southern District of Florida did not locate any public court documents for this case.