United States v. Sergio Ramos-Atondo

Defendants Sergio Ramos-Atondo, Aberto Corona-Vidal, Jeanearlo Martinez, and Victor Ramos appeal from their convictions for conspiring to import marijuana in violation of 21 U.S.C. § 963 and importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. Defendants contend that the district court abused its discretion by instructing the jury on a theory of deliberate ignorance. Defendant Ramos contests the sufficiency of the evidence to support his conviction and the district court’s denial of his motion filed under Rule 29 of the Federal Rules of Criminal Procedure. Defendant RamosAtondo contends that the district court abused its discretion by admitting evidence of his prior alien smuggling conviction under Rule 404(b) of the Federal Rules of Evidence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

In the early morning of April 4, 2011, Border Patrol Agent Waller conducted surveillance of Calaña State Beach in San Clemente, California, a spot where maritime smuggling frequently occurred. Around 4:50 a.m., he spotted a panga boat — an open-bow vessel commonly used for smuggling — approaching the shore without running lights. Using an infrared thermal…