United States v. Jose Tamayo

MEMORANDUM

Tamayo was convicted of transporting an alien within the United States in violation of the law and of conspiracy to transport an alien. He argues that there was insufficient evidence to prove that he was not just a passenger for the first charge and insufficient evidence connecting him to the conspiracy for the second. He also argues that the district court improperly instructed the jury about the overt acts for the conspiracy charge. Tamayo argues that a general unanimity instruction and a verdict form requiring only a general verdict could therefore have allowed the jury to render a verdict based on an invalid overt act.

This court reviews de novo claims of insufficient evidence. United States v. Odom, 329 F.3d 1032, 1034 (9th Cir.2003). “[Ejvidence establishing beyond a reasonable doubt defendant’s connection with the conspiracy, even though the connection is slight, is sufficient to convict defendant of knowing participation in the conspiracy.” United States v. Klimavicius-Viloria, 144 F.3d 1249, 1266 (9th Cir.1998), quoting United States v. Penagos, 823 F.2d 346, 348 (9th Cir.1987). Tamayo’s connection to the conspiracy, not the conspiracy itself, was the only…