United States v. Rafael Gomez-Hawkins

MEMORANDUM

Rafael Gomez-Hawkins (Gomez) appeals his jury conviction and sentence for two counts of transporting illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(A)(ii). We affirm. Because the parties are familiar with the history of this case, we need not recount it here.

I

The district court did not abuse its discretion in formulation of the jury instructions. See United States v. Chang Da Liu, 538 F.3d 1078, 1088 (9th Cir.2008) (describing standard of review). Gomez argues that the material witnesses testifying against him received favored treatment from the government and that such treat ment required the district court to give,the “Witness Receiving Benefits” instruction to the jury. The district court instructed the jury pursuant to Ninth Circuit Model Jury Instruction § 3.9, which effectively instructs jurors that they may take into account witness interest, bias, or prejudice as well as “any other factors that bear on believability.” In reviewing the instructions given as a whole, we conclude that the court adequately guided the jury’s deliberation. See United States v. Shipsey, 363 F.3d 962, 968 (9th Cir.2004) (“Where the instruction actually given was legally…