Arzate-Picasso

MEMORANDUM

Defendant Rito Arzate-Picasso was convicted of, among other offenses, conspiracy to bring illegal aliens into the United States in violation of 8 U.S.C. §§ 1324 (a)(1)(A), (v)(I), and (a)(2)(B)(ii), and bringing illegal aliens into the United States in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii). He appeals only his conviction for the substantive offense of bringing illegal aliens into the United States.

Arzate-Picasso argues that 8 U.S.C. § 1324 (a)(2) requires that the defendant cross the international border with the illegal aliens. Because he did not physically accompany the illegal aliens across the *485 border, Arzate-Picasso contends there was insufficient evidence to convict him of bringing illegal aliens into this country.

Under Pinkerton v. United States, 328 U.S. 640, 647-48 , 66 S.Ct. 1180 , 90 L.Ed. 1489 (1946), a defendant may be held liable for a substantive offense committed by a co-conspirator as long as (a) the offense occurred within the course of the conspiracy, (b) was within the scope of the agreement, and (c) could reasonably have been foreseen as a natural consequence of the unlawful agreement. “[A] conspirator is liable for all foreseeable…