Gonzales-Barrera

MEMORANDUM **

Gonzales-Barrera appeals his jury conviction for bringing in and harboring illegal aliens, conspiracy to harbor illegal aliens, hostage taking, conspiracy to commit hostage taking, and being an illegal alien in possession of a firearm. Gonzales-Barrera asserts on appeal that the district court gave certain erroneous jury instructions at trial, specifically the instructions for conspiracy and vicarious Pinkerton liability for substantive crimes, *763 and also failed to give specific unanimity instructions.

Gonzales-Barrera did not object at trial to any of the jury instructions or to the failure to give specific unanimity instructions, and therefore his contentions are reviewed for plain error. See Fed. R.Crim.P. 52(b); Jones v. United States, 527 U.S. 373, 388 , 119 S.Ct. 2090 , 144 L.Ed.2d 370 (1999) (jury instructions); United States v. Shipsey, 190 F.3d 1081, 1085 (9th Cir.1999). Because the parties are familiar with the facts, we do not recite them in detail.

First, Gonzales-Barrera contends that, although the First Superseding Indictment (“the indictment”) here only alleges two conspiracies, the indictment was constructively amended by the two Pinkerton…