Ibarra-Zarate

MEMORANDUM **

Jareth Ibarra-Zarate appeals his convictions following a jury trial for bringing in an illegal alien for financial gain and bringing in an illegal alien without presentation in violation of 8 U.S.C. §§ 1324 (a)(2)(B)(Ji) and (iii). We affirm.

1. Ibarra-Zarate first contends that the government violated the anti-gratuity statute, 18 U.S.C. § 201 (c)(2), by offering his codefendant a reduced sentence in exchange for her testimony against him. We have rejected the claim that § 201(c)(2) is violated when the government offers immunity or leniency at sentencing to a cooperating witness in exchange for his testimony. See United States v. Mattarolo, 209 F.3d 1153, 1160 (9th Cir.2000); United States v. Smith, 196 F.3d 1034, 1038-40 (9th Cir.1999). To the extent that Ibarra-Zarate argues that the immigration benefits conferred on the material witness violate § 201(c)(2), that claim has also been previously rejected by this court. See United States v. Feng, 277 F.3d 1151, 1154 (9th Cir.2002). Accordingly, Ibarra-Zarate’s claim regarding the anti-gratuity statute is foreclosed.

2. There is sufficient evidence to sustain the jury’s guilty verdicts on both counts of…