Garcia

MEMORANDUM **

Jorge Abel Garcia appeals his jury conviction of bringing an illegal alien into the United States for financial gain in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii), arguing that (1) the indictment could not support an aiding and abetting conviction because it did not allege specific intent; (2) the district court’s jury instructions relieved the government of its burden to prove Garcia committed the offense for financial gain; and (3) the evidence was insufficient to prove that Garcia acted for financial gain. We have jurisdiction pursuant to 42 U.S.C. § 1291 , and we affirm.

First, the district court did not err in allowing the government to proceed under an aiding and abetting theory of liability. In United States v. Gaskins, we held that “all indictments for substantive offenses must be read as if the alternative provided by 18 U.S.C. § 2 were embodied in the indictment.” 849 F.2d 454, 459 (9th Cir.1988) (internal quotation omitted). Thus, the indictment was not required to allege that Garcia specifically intended to facilitate the commission of the substantive offense.

Second, Garcia was charged and prosecuted both as a principal and as an aider and abettor, so…