Supreme Court of Colorado
Bernardino Fuentes-Espinoza, Petitioner v. the People of the State of Colorado, Respondent — Eid, J., Dissenting
October 10, 2017408 P.3d 445
Summary
Justice Eid dissents from the majority's conclusion that Colorado's human-smuggling statute is preempted by federal law. The dissent argues that the state statute protects passengers from smuggling dangers and targets the driver's conduct, while federal law targets assistance to a passenger's underlying immigration violation, so neither field nor conflict preemption applies. Justices Coats and Boatright joined the dissent.