Galvez-Catedral

MEMORANDUM **

Miguel Angel Galvez-Catedral was convicted for conspiring to bring in and transport illegal aliens, bringing in illegal aliens for private financial gain, and for transporting illegal aliens in violation of 8 U.S.C. § 1324 . He was sentenced to a term of 36 months on each count to run concurrently. Galvez-Catedral now appeals his conviction and sentencing arguing that there was insufficient evidence to convict him of bringing in illegal aliens for private financial gain. He also argues that an unreasonable delay in processing his appeal has violated his due process rights. The facts and prior proceedings are known to the parties; they are not restated herein except as necessary.

I

In determining whether a conviction is supported by sufficient evidence, the proper test is whether “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979): Galvez-Catedral contends that there was insufficient evidence for the jury to have found that he had acted for the purpose of…