Mendoza
United States v. Mendoza
Opinion
lead Opinion
*427 MEMORANDUM **
Appellant Eduardo Mendoza-Vazquez (“Appellant”) appeals his conviction on two counts of alien smuggling in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and 8 U.S.C. § 1324 (a)(2)(B)(iii), claiming the trial court committed reversible error in (1) refusing to strike a special allegation from the indictment, (2) admitting evidence of his pri- or arrest, (3) preventing his son from testifying as to statements made by Appellant, (4) misstating the elements of Count 1 in the jury instructions, (5) admitting statements of co-conspirators, and (6) formulating the grand jury instructions. The parties are familiar with the facts, and we will not recount them here. We affirm in all respects.
First, even if the trial court’s submission of the risk of death allegation to the jury was erroneous under the Supreme Court’s later holding in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the error was harmless because the evidence relating to the special allegation was probative of the element of knowledge, the evidence was not over-emphasized by the Government, and the evidence of Appellant’s guilt was overwhelming.