United States Ninth Circuit

In an immigrant smuggling case, convictions for conspiracy to bring aliens into the US, for aiding and abetting bringing aliens into the U.S. resulting in death, and for aiding and abetting bringing aliens into the U.S. for profit are affirmed where: 1) the trial court judge's suggestion of a line of questioning to the prosecutor was not improper given a lack of evidence of bias and no effect on the jury; 2) the convictions were based on sufficient evidence; 3) aiding and abetting bringing aliens to the US for profit requires that the principles, not the necessarily defendant, acted for profit; and 4) an envelope containing definitions of "reasonable doubt" and "conspiracy" brought into the jury room by an alternate juror but unseen by any jurors, did not require new trial.

Appellate Information

• Argued 06/12/2008
• Decided 09/10/2008
• Published 09/10/2008

Judges

• McKEOWN, Circuit Judge:, Before:  A. WALLACE TASHIMA, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael Shay Ryan, Kent & Ryan, P.L.C., Phoenix, AZ, for the defendant-appellant., Tracey A. Bardorf, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellee.