Martinez-Vasquez

MEMORANDUM ***

Juan Gregorio Martinez-Vasquez appeals his conviction in a bench trial for knowingly transporting two illegal aliens within the United States in furtherance of their violation of immigration law, 8 U.S.C. § 1324 (a)(l)(A)(ii). Martinez-Vasquez argues that the government failed to prove the “in furtherance” element of the offense because his conduct did not have a direct and substantial relationship to furthering the illegal aliens’ presence in the United States. We affirm the conviction.

Claims of insufficient evidence are reviewed de novo when the defendant has pled not guilty in a bench trial. United States v. Atkinson, 990 F.2d 501, 503 (9th Cir.1993) (en banc). In reviewing a sufficiency of the evidence claim, this court determines “whether, after 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.” Id. at 502 (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)).

Under 8 U.S.C. § 1324 (a)(l)(A)(ii), it is illegal for any person who, “knowing or in reckless disregard of the fact that an alien has come…