Cedano

MEMORANDUM **

Luis Cedano (Cedano) was not entitled to a judgment of acquittal. The crime of bringing an illegal alien to the United States for financial gain “does not terminate until the initial transporter who brings the aliens to the United States ceases to transport them ...” United, States v. Lopez, 484 F.3d 1186, 1188 (9th Cir.2007) (en banc). A conviction for aiding and abetting the “bringing to” crime is permissible if the aid occurs prior to the termination of the underlying crime. Id. at 1199 . Viewing the evidence in the light most favorable to the prosecution, see United States v. Rosales, 516 F.3d 749, 751-52 (9th Cir.2008), the facts support a finding that the initial transporter who brought the aliens to the United States had not ceased transporting the aliens at the time Cedano became involved.

Cedano’s argument that the government tailed to prove the financial gam element of the “bringing to” crime is also without merit. “[T]he government [can] make out this element merely by proving that a principal—not necessarily [the defendant] himself—committed the crime with a pecuniary motive ...” United States v. Tsai, 282 F.3d 690, 697 (9th Cir.2002). The evidence in…