Franco

MEMORANDUM *

Jorge Mendez-Franco was convicted on three counts of transporting illegal aliens, in violation of 8 U.S.C. § 1324 (a)(1)(A)(ii), and one count of conspiracy to transport illegal aliens, in violation of 8 U.S.C. § 1324 (a)(1)(A)(v)(I). He appeals his conviction, but not his sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Mendez-Franco properly preserved his right to challenge the sufficiency of the evidence, so our review on that issue is de novo. United States v. Pacheco-Medina, 212 F.3d 1162, 1163 (9th Cir.2000); United States v. Tucker, 133 F.3d 1208, 1214 (9th Cir.1998). We review the remainder of the issues that Mendez-Franco has raised on appeal only for plain error, because they were not raised in the district court. United States v. Nordby, 225 F.3d 1053, 1060 (9th Cir.2000) (citing Fed.R.Crim.P. 52(b)).

Assuming arguendo that the district court committed error under the Confrontation Clause by admitting the videotaped deposition testimony of three witnesses, any such error was harmless beyond a reasonable doubt. See United States v. Pena-Gutierrez, 222 F.3d 1080, 1089-90 (9th Cir.2000) (holding that Confrontation Clause violations are…