The opinion of the court was delivered by: Stiehl, District Judge:
This matter is before the Court on the parties' submissions for determination on the issue of the defendant's guilt.
The basic facts of this case are not in dispute. The defendant, Deanna L. Costello, was charged by the grand jury in a single count Indictment with harboring illegal aliens. Specifically, the indictment charges that in October of 2006, the defendant, in reckless disregard of the fact that an alien, namely Rogelio Salaices-Arenales, had entered and remained in the United States, did harbor, conceal, and shield him from detection, all in violation of 8 U.S.C. § 1324(a)(1)(A)(iii).
The parties have stipulated that the defendant and Salaices-Arenales were boyfriend/girlfriend and that Salaices-Arenales had lived with the defendant at 816 LaSalle Street in Cahokia, Illinois for approximately one year before his arrest in July of 2003 on federal drug charges. The defendant knew that Salaices-Arenales plead guilty in his 2003 case and was deported to Mexico after serving several years in federal prison.
In March of 2006, after Salaices-Arenales had been deported, the defendant picked up Salaices-Arenales from a Greyhound Bus station in St. Louis, Missouri, and transported him to her residence at 816 LaSalle Street, Cahokia, Illinois. He resided there, for the majority of the time, until his arrest on October 10, 2006, for being an illegal alien and illegally returning to the United States.
The parties have further stipulated that on several occasions after his return to the United States, Salaices-Arenales and the defendant had disagreements which resulted in his moving out of the defendant's home. None of these occasions of separation lasted more than two (2) weeks and during those times Salaices-Arenales stayed with his uncle in Fairmount City, Illinois, or with his brother in Collinsville, Illinois.
In October of 2006, Drug Enforcement Administration officers attempted to stop a vehicle occupied by Salaices-Arenales and his brother. That vehicle evaded the attempted stop and fled. During that attempt to evade arrest, Salaices-Arenales called the defendant, and that conversation was recorded. Salaices-Arenales was subsequently arrested by Drug Enforcement Administration officers on that same day after the vehicle was involved in an accident. The defendant came to the area of the accident within a short time of the accident.
The recorded conversation (Stip. Of Facts, Ex. 1), contains the following exchange: Deanna: Hello Rogelio: Hey Deanna, the police is following us.
Rogelio: Here in St. Louis, they are going to stop us. We have stuff with us.
Rogelio: Here is another one ...