United States v. De Leon

*966 MEMORANDUM ***

Jose Luis Garda De León (“Garda”) appeals his conviction and sentence for conspiracy to transport illegal aliens, 8 U.S.C. § 1324 (a)(l)(A)(v)(I); transporting illegal aliens, 8 U.S.C. § 1324 (a)(1)(A)(ii); harboring illegal aliens, 8 U.S.C. § 1324 (a)(l)(A)(iii); bringing illegal aliens into the country for financial gain, 8 U.S.C. § 1324 (a)(2)(B)(ii); and hostage taking, 18 U.S.C. § 1203 (a). We have jurisdiction under 28 U.S.C. § 1291 . We affirm Garcia’s conviction, but issue a “limited remand” pursuant to United States v. Ame line, 409 F.3d 1073, 1084 (9th Cir.2005) (en banc).

The district court did not abuse its discretion in allowing Garcia’s victims to testify about the abuse they suffered while being held hostage. As Garcia concedes, the evidence was relevant. See Fed. R.Evid. 401. The victims’ testimony as to the physical and sexual abuse was probative of the issue of consent in the hostage taking charge and was necessary to provide the jury with a full narrative of what transpired in the Canoga Park apartment. See United States v. Hicks, 103 F.3d 837, 843-44 (9th Cir.1996) (finding that evidence of murder and rape was admissible in carjacking case…