Strathman

United States v. Strathman

Good Law
138 F. App'x 982
United States Court of Appeals for the Ninth CircuitJuly 13, 2005No. 04-50351California716 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Ronald James Strathman appeals his jury conviction for one count of bringing an illegal alien to the United States for financial gain, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii), and one count of bringing an alien to the United States without presentation, in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Strathman claims that the district court abused its discretion by admitting impermissible hearsay evidence to prove the financial gain element of the offense. According to Strathman, the court allowed a witness to testify that her cousin expected to pay $2,000 to have her smuggled into the United States. We find that even if this is inadmissible hearsay evidence, the error is harmless. The financial gain element of the offense was satisfied beyond a reasonable doubt by Strathman’s admission that he expected to be paid $200 for his role in the smuggling.

Strathman also argues that the district court erred by giving the jury a deliberate ignorance instruction under United States v. Jewell, 532 F.2d 697, 700 (9th Cir.1976). “Where the defendant’s knowledge is at issue, a ‘deliberate…

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