United States v. Li Xiang Feng

MEMORANDUM **

Li Xiang Feng (“Feng”), Chen Biao (“Biao”), Tu Yu Piao (“Piao”), and Hui Lin (“Lin”) appeal from judgments from a jury trial at which they were convicted under a superseding indictment for one count of conspiring to bring aliens into the United States in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324 (a)(2)(B)(ii), and six counts of attempting to bring aliens into the United States for financial gain in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and 18 U.S.C. § 2 . We have jurisdiction under 28 U.S.C. §§ 1291 , 1294(1), and affirm as to each Appellant on all issues addressed in this memorandum.

I SUFFICIENCY OF EVIDENCE: SUBSTANTIAL STEP TOWARD BRINGING ALIENS INTO THE UNITED STATES

Appellants argue that there was insufficient evidence to sustain their convictions of attempting to bring aliens into the United States for financial gain in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii). The standard of review for sufficiency of evidence is de novo. United States v. Duran, 189 F.3d 1071, 1078 (9th Cir.1999).

In determining sufficiency of evidence, the question is whether viewing the evidence in the light most favorable to the prosecution, any rational trier of fact…