Fimbres

MEMORANDUM **

Lisa Marie Fimbres was apprehended at the San Ysidro, California, port of entry from Mexico, when the van she was driving was discovered to have an alien concealed in its modified gas tank compartment. Fimbres was convicted of one count of bringing an alien into this country for financial gain in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and one count of bringing in an alien without presentation in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii). Fimbres appeals both convictions. We affirm her conviction for bringing in an alien without presentation, but we reverse her conviction for bringing in an alien for gain and remand for retrial on that charge.

Sufficiency of Evidence of Financial Motive

Fimbres argues that there was insufficient evidence that she acted for financial gain and that her motion for acquittal on the first count should, therefore, have been granted. 1 At trial, she testified that she was in the process of buying the van from two brothers, Ruben and Ricardo Garcia. She said she used the van only occasionally. According to Fimbres, she arranged with the Garcias to get the van from them on the day of her arrest, so that she could go shopping at…