Vazquez-Torres

MEMORANDUM *

Francisco Vazquez-Torres (“Vazquez”) appeals his conviction for one count of Conspiracy to Bring Aliens into the United States and his 78-month sentence. We affirm the conviction, but reverse and remand for resentencing.

There was sufficient evidence to sustain the conspiracy conviction, including direct testimony by one of the smuggled aliens, Mario Gonzales-Manzano, that Vazquez had paid a smuggling operation to get his group into the United States so that they could work for him. Two federal agents also testified that, when confronted, Vazquez admitted his involvement and that he had used the smuggling organization about ten times over the prior two years. Additional circumstantial evidence also supported the conviction, including phone records of calls from Vazquez’s business to a known alien smuggler in Phoenix and money wires from one of Vazquez’s foremen to the group in Mexico. Although Vazquez would have us credit his own testimony over the testimony of Mario and the agents, in reviewing sufficiency of the evidence, this court cannot “question a jury’s assessment of witnesses’ credibility” and must draw all inferences in favor of the prosecution. United…