Noriega-Perez

United States v. Noriega-Perez

Good Law
467 F. App'x 698·670 F.3d 1033
United States Court of Appeals for the Ninth CircuitFebruary 1, 201210-50501California1,191 words

Opinion

Opinion

MEMORANDUM

Defendant-Appellant Alberto Noriega-Perez (“Noriega”) appeals his conviction by jury verdict on one count of conspiracy to bring illegal aliens to the United States for financial gain (8 U.S.C. § 1B24(a)(2)(B)(ii); 18 U.S.C. § 371 ), one count of conspiracy to harbor illegal aliens ( 8 U.S.C. § 1324 (a)(1)(A)(iii), (v)(I)), eighteen counts of aiding and abetting bringing illegal aliens to the United States for financial gain ( 8 U.S.C. § 1324 (a)(2)(B)(ii); 18 U.S.C. § 2 ), and eighteen counts of aiding and abetting harboring illegal aliens ( 8 U.S.C. § 1324 (a)(l)(A)(iii), (v)(II)). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The Government adduced sufficient evidence of financial motive to support Noriega’s conviction of bringing an alien into the United States for the purpose of “private financial gain,” 8 U.S.C. § 1324 (a)(2)(B)(ii), on both conspiracy and aiding and abetting theories of liability. Noriega rented two properties knowing they would be used as load houses by an alien smuggling organization. The jury could reasonably infer that his willingness to rent his properties for illegal use was motivated by financial gain given “‘the…

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