United States Ninth Circuit

Conviction for conspiring to smuggle undocumented immigrants into the US in violation of 8 U.S.C. section 1324(a)(1)(A)(v)(I), is affirmed where: 1) in light of US v. Vega, the district court committed plain error in not instructing the jury on how to properly evaluate the testimony of an ICE agent, whom the government used as both an expert and lay witness, however the error was not prejudicial; 2) the district court did not abuse its discretion in admitting ICE expert testimony about alien smuggling organizations; and 3) a rational juror could find beyond a reasonable doubt that defendant joined the conspiracy with the intent to further it.

Appellate Information

• Decided 04/28/2015
• Published 04/28/2015

Judges

• Murphy

Court

• United States Ninth Circuit

Counsel