United States v. Rooplal Sabha Carl Rajkumar Himet Rai

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rooplal SABHA; Carl Rajkumar; Himet Rai, Defendants-Appellants. Nos. 92-30338, 92-30340 and 92-30391. United States Court of Appeals, Ninth Circuit. May 14, 1993. Before WRIGHT, ALARCON and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 A jury convicted Rajkumar and Sabha of an alien smuggling conspiracy and substantive immigration offenses in violation of 8 U.S.C. § 1324 (a)(1) and 18 U.S.C. §§ 2 and 371. Midway through trial, co-defendant Rai pleaded guilty to the same counts. 3 Rai appeals his sentence imposed following the guilty plea; Rajkumar appeals his conviction; and Sabha appeals both his conviction and sentence. On Rai's appeal, we vacate and remand for resentencing. We affirm in all other respects. I. Sufficiency of the Evidence 4 The defendants were convicted of a complex alien smuggling conspiracy extending across Canada, into the state of…