Rushing

*39 MEMORANDUM **

Christopher Paul Rushing appeals from his conviction and sentence for bringing an illegal alien into the United States for financial gain and for bringing an illegal alien into the United States without presentation, both in violation of 8 U.S.C. § 1324 . Rushing contends (1) that the government presented insufficient evidence that the alien lacked permission to “come to” the United States; (2) that the district court erred by allowing the government to proceed on an aiding and abetting theory; (3) that the district court erred by admitting hearsay statements in violation of the Confrontation Clause; and (4) that the prosecutor committed misconduct in closing argument by shifting the burden of proof and commenting on Rushing’s decision not to testify. Finally, Rushing challenges his sentence on Booker grounds. United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We reject all of Rushing’s arguments and affirm the conviction and sentence.

First, we review the denial of a Fed.R.Crim.P. 29 motion for acquittal de novo. United States v. Carranza, 289 F.3d 634, 641 (9th Cir.2002). We must affirm the denial if “after viewing the evidence in the…