United States v. Gerardo Rodriguez-Rodriguez, Rosa Maria Rodriguez

Gerardo and Rosa Maria Rodriguez, defendants, were convicted of transporting undocumented aliens and of conspiring to transport undocumented aliens. Gerardo Rodriguez was also convicted of making false statements in a matter within the jurisdiction of the Immigration and Naturalization Service. We affirm.

I

Two undocumented aliens traveled into the United States, crossing the United States-Mexican border. According to the aliens' testimony at trial, defendants agreed to charge $750 to drive the aliens and a child from San Ysidro to Los Ange-les. At the San Clemente checkpoint inspectors asked about the citizenship of the occupants of the defendants’ motor vehicle. Gerardo Rodriguez twice responded that all the occupants were U.S. citizens. After inspectors established that two of the passengers were undocumented aliens, defendants were arrested.

The grand jury indicted defendants on two counts of transporting undocumented aliens under 8 U.S.C. § 1324 (a)(1)(B) and on one count of conspiring to transport undocumented aliens under 18 U.S.C. § 371 and 8 U.S.C. § 1324 (a)(1)(B). In addition, the grand jury indicted Gerardo Rodriguez on one count of making false statements to a…