United States v. Thomas Yau Siaw

34 F.3d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas Yau SIAW, Defendant-Appellant. No. 94-50048. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 26, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Yah Siaw appeals his conviction after a jury trial for two counts of transportation of illegal aliens, in violation of 8 U.S.C. Sec. 1324 (a)(1)(B). Siaw contends the evidence is insufficient to support count two of his conviction because the government failed to prove the alienage of one of the persons transported. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 In order to be convicted of transporting illegal aliens, the alienage of those transported must be proved. See 8 U.S.C. 1324(a)(1)(B); United States v. Diaz, 936 F.2d 786, 788 (5th Cir.1991). In considering a challenge to the sufficiency of the evidence,…