United States v. Raul Villarreal

MEMORANDUM

Raul and Fidel Villarreal appeal their convictions and sentences for conspiracy to bring aliens into the United States for financial gain in violation of 18 U.S.C. § 371 (Count 1), bringing aliens into the United States for financial gain in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) (Counts 2-12), receiving a bribe by a public official in violation of 18 U.S.C. § 201 (b)(2)(A) and (C) (Count 13), and conspiracy to launder money through international promotion in violation of 18 U.S.C. § 1956 (a)(2)(A) and (h) (Count 15). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, vacate in part and remand.

1. The district court did not violate the Villarreals’ Sixth Amendment right to a public trial by excluding the Villarreals’ brother from the courtroom. Because this was a partial closure of the trial, see United States v. Yazzie, 743 F.3d 1278 , 1288 n. 4 (9th Cir.2014), we apply the Waller v. Georgia, 467 U.S. 39, 48 , 104 S.Ct. 2210 , 81 L.Ed.2d 31 (1984), factors as applied by United States v. Sherlock, 962 F.2d 1349, 1356-57 (9th Cir.1989). See United States v. Rivera, 682 F.3d 1223, 1236 (9th Cir.2012).

Applying the first factor, the district court…