Aviles

MEMORANDUM *

Andres Aviles appeals his conviction for conspiracy to transport illegal aliens for profit under 8 U.S.C. § 1324 (a)(l)(A)(V)(I). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Aviles first contends his conviction was based on an erroneous legal standard. He claims the arguments and instructions given at trial rested on a definition of “bringing in” that was overturned in United States v. Lopez, 484 F.3d 1186 (9th Cir.2007) (en banc), decided shortly after Aviles was convicted.

Section 1324 “creates four separate offenses, including the ‘brings to’ offense at issue [in Lopez ] as well as the ‘transports within’ offense of § 1324(a)(1)(A)(ii).” Lopez, 484 F.3d at 1195 . Lopez addressed only the limits of the “brings to” offense. The conspiracy offense challenged here charged transportation of illegal aliens, which is not affected by the Lopez decision.

Aviles relies on arguments and instructions that employed the pre-Lopez standard. These statements were offered in support of separate substantive “bringing in” charges, which the government dismissed following the Lopez ■ decision. 1 There is no evidence that the jury misunderstood the arguments…