Darling

MEMORANDUM **

Rex Fraiser Darling was convicted of one count of aiding and abetting bringing an illegal alien to the United States for financial gain, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) (2000) and 18 U.S.C. § 2 (2000), and one count of transporting an illegal alien within the United States, in violation of 8 U.S.C. § 1324 (a)(1)(A)(ii). The district court sentenced Darling to thirty-six months in prison on the first count and thirty-three months on the second, with the sentences to run concurrently.

We have jurisdiction over Darling’s timely appeal pursuant to 28 U.S.C. § 1291 (2000) and 18 U.S.C. § 3742 (2000), and we AFFIRM. Because the parties are familiar with the facts of this case, we recount them here only where necessary to explain our decision.

A. Aiding and Abetting Liability Under § 1324(a)(2)

Darling initially argues that the government cannot charge a defendant as an aider and abettor under § 1324(a)(2). We reject this argument for the reasons discussed in United States v. Angwin, 263 F.3d 979 (9th Cir.2001).

B. Sufficiency of the Evidence

Darling next argues that there was insufficient evidence of “private financial gain” to permit his conviction…