RECOMMENDED FOR PUBLICATION
                               Pursuant to Sixth Circuit I.O.P. 32.1(b)
                                      File Name: 23a0257p.06

                   UNITED STATES COURT OF APPEALS
                                 FOR THE SIXTH CIRCUIT



                                                            ┐
 UNITED STATES OF AMERICA,
                                                            │
                                   Plaintiff-Appellee,      │
                                                             >        No. 22-5516
                                                            │
        v.                                                  │
                                                            │
 YUN ZHENG aka Wendy Zheng; YAN QIU WU aka                  │
 Jason Wu,                                                  │
                        Defendants-Appellants.              │
                                                            ┘

Appeal from the United States District Court for the Eastern District of Kentucky at Covington.
                  No. 2:21-cr-00051—David L. Bunning, District Judge.

                                  Argued: October 18, 2023

                           Decided and Filed: November 28, 2023

                Before: CLAY, KETHLEDGE, and MATHIS, Circuit Judges.
                                _________________

                                           COUNSEL

ARGUED: Riddhi Dasgupta, TAFT STETTINIUS & HOLLISTER LLP, Washington, D.C., for
Appellant. Javier A. Sinha, UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C., for Appellee. ON BRIEF: Robert K. McBride, TAFT STETTINIUS & HOLLISTER
LLP, Covington, Kentucky, Sarah C. Larcade, MCKINNEY & NAMEI CO., LPA, Cincinnati,
Ohio, for Appellants. Javier A. Sinha, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., Kyle M. Winslow, UNITED STATES ATTORNEY’S OFFICE, Ft. Mitchell,
Kentucky, Charles P. Wisdom, Jr., UNITED STATES ATTORNEY’S OFFICE, Lexington,
Kentucky, for Appellee.

     MATHIS, J., delivered the opinion of the court in which CLAY, J., joined.
KETHLEDGE, J. (pg. 15), delivered a separate opinion concurring in part and in the judgment.
 No. 22-5516                             United States v. Zheng, et al.                                 Page 2


                                            _________________

                                                  OPINION
                                            _________________

        MATHIS, Circuit Judge. A jury convicted Yun Zheng and Yan Qiu Wu on four counts
of harboring illegal noncitizens for commercial gain, in violation of 

(a)(1)(A)(iii)
and (a)(1)(A)(v)(II).1       Zheng and Wu now appeal, challenging the district court’s jury
instructions. Specifically, they argue that the district court: (1) erred in instructing the jury on
the meaning of “harboring” by not including a requirement that Zheng and Wu had acted
intentionally and knowingly in shielding the illegal noncitizens from law enforcement; and
(2) invaded the province of the jury by giving examples of “harboring” in the jury instructions.
Finding no error, we affirm.

                                                        I.

        Zheng and Wu owned and operated Tokyo Dragon Buffet, Inc., a Chinese restaurant in
Alexandria, Kentucky. In 2017, Homeland Security Investigations (“HSI”) began investigating
Tokyo Dragon after receiving a tip from a nurse who suspected that Zheng and Wu were
trafficking an individual. On September 9, 2021, a federal grand jury indicted Zheng and Wu on
four counts of harboring illegal noncitizens for commercial gain and one count of conspiracy for
the same.

        The trial evidence showed that Zheng and Wu employed individuals of Chinese descent
and four Hispanic men at Tokyo Dragon. The Hispanic men were noncitizens who lived and
worked in the United States illegally. They lived in the basem