United States v. Miguel Torralba-Mendia

A jury convicted Miguel Torralba-Mendia of conspiring to smuggle undocumented immigrants into the United States, in violation of 8 U.S.C. § 1324 (a)(1)(A)(v)(I). Torralba appeals his conviction, contending there was insufficient evidence connecting him to the conspiracy. In addition, he argues the district court incorrectly allowed an expert witness to testify about common practices of alien smuggling organizations. He contends the district court erred in allowing the case agent to offer both lay and expert testimony without giving a curative instruction. And he argues the district court incorrectly admitted redacted 1-213 immigration forms. We have jurisdiction under 28 U.S.C. § 1291 , find no prejudicial error, and affirm.

I

A

Between 2007 and 2010, Immigration and Customs Enforcement (“ICE”) agents investigated a human smuggling operation near Nogales, Arizona. The investigation revealed that members of the smuggling organization would meet migrants on-the Mexican side of the border. Escorts would guide the migrants through the ravines and creek-beds that lie adjacent to Nogales. Once inside the United States, a van or sedan would meet the migrants in the desert and…