US v. Hernandez-Orellana, 06-50584, 06-50620
Convictions for alien smuggling-related offenses are affirmed in part, reversed in part, and the sentences vacated and remanded where: 1) a reasonable jury could have determined that two defendants participated in a conspiracy to bring aliens from Mexico Mexico to the United States for financial gain in violation of federal laws; but 2) the en banc decision in United States v. Lopez, 484 F.3d 1186 (9th Cir. 2007), decided during the pendency of this case compelled the reversal of their convictions on substantive "bringing to" counts.
- Argued 06/03/2008
- Submitted 06/03/2008
- Decided 08/20/2008
- Published 08/20/2008
TALLMAN, Circuit Judge:, Before: DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.
United States Ninth Circuit
Steven S. Lubliner, Esquire, Criminal Justice Act Attorney, Petaluma, CA, for defendant-appellant Norma Hernandez-Orellana., David J. Zugman, Esquire, Criminal Justice Act Attorney, San Diego, CA, for defendant-appellant Maritza Olmeda Drewry., William M. Narus, Esquire, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee United States of America.