United States v. Francisco Hernandez-Marquez

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Francisco HERNANDEZ-MARQUEZ, Defendant-Appellant. No. 92-50123. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1992. Decided Nov. 24, 1992. Before FEINBERG, * GOODWIN and SCHROEDER, Circuit Judges. MEMORANDUM ** Francisco Hernandez-Marquez (Hernandez) appeals from a judgment of conviction entered in the United States District Court for the Southern District of California, Gordon Thompson, Jr., J., on one count of transporting undocumented aliens. I. 1 Hernandez stopped his truck alongside a group of illegal aliens. His co-defendant negotiated with the group to transport its members within the United States. In exchange for transporting the group, Hernandez and his co-defendant were to receive $70.00. Thereafter, the co-defendant apparently told two other aliens that they could come along at no extra charge. Unknown to Hernandez, the…