Benitez-Augustin

United States v. Benitez-Augustin

Good Law
61 F. App'x 337
United States Court of Appeals for the Ninth CircuitMarch 7, 2003No. 01-50482; D.C. No. CR-00-902-LGBCalifornia1,158 words

Opinion

Lead Opinion

MEMORANDUM **

Benita Benitez-Augustin appeals her conviction by a jury for harboring illegal aliens in violation of 8 U.S.C. § 1324 (a)(l)(A)(iii), and for conspiring to harbor illegal aliens in violation of 8 U.S.C. § 1324 (a)(l)(A)(v)(I). Benitez-Augustin argues that there was insufficient evidence to sustain her convictions. She also raised sentencing issues, which her counsel concedes, are now moot because she has served the sentence.

Evidence is sufficient to support a criminal conviction if “viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (emphasis in original); United States v. Hinton, 222 F.3d 664, 669 (9th Cir.2000), cert. denied, 531 U.S. 1200 , 121 S.Ct. 1209 , 149 L.Ed.2d 122 (2001). “All reasonable inferences are to be drawn in favor of the government, and any conflicts in the evidence are to be resolved in favor of the jury’s verdict.” United States v. Alvarez-Valenzuela, 231 F.3d 1198, 1201-02 (9th Cir.2000). The Court presumes that all issues of witness…

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