Lovett

MEMORANDUM **

Defendant — Appellant Gary Lovett appeals his jury conviction for two counts 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 two counts 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.

Lovett argues that the evidence is insufficient to support his convictions under § 1324(a)(2)(B)(ii) because the government failed to prove that the aliens lacked permission to “come to” the United States. Claims of insufficient evidence are reviewed de novo. United States v. Carranza, 289 F.3d 634, 641 (9th Cir.2002). We have recently held that “an alien ‘comes to’ the United States when the alien crosses the border into the United States regardless of whether he or she is under official restraint.” United States v. Munoz, 412 F.3d 1043, 1048-49 (9th Cir.2005). In the instant case, Lovett crossed the border into the United States with two aliens hiding in a false gas tank compartment under his car, and both aliens testified that they had no permission to “enter” the United States. We…