Amato

*2 MEMORANDUM ***

Tracy Lynn Amato (“Amato”) appeals from her conviction and sentence following a two-count indictment for: (1) bringing in illegal aliens for financial gain and aiding and abetting in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and 18 U.S.C. § 2 , and (2) bringing in illegal aliens without presentation in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii). We have jurisdiction over Amato’s appeal from her conviction pursuant to 28 U.S.C. § 1291 . We have jurisdiction over Amato’s appeal from her sentence pursuant to 18 U.S.C. § 3742 (a). 1 We affirm her conviction and sentence.

First, Amato challenges the district court’s denial of her motion for acquittal, made pursuant to Fed.R.Crim.P. 29. Amato’s motion argues that the evidence against her at the close of the Government’s case-in-chief was not sufficient for any rational trier of fact to find, beyond a reasonable doubt, that she knew she was smuggling an alien into the United States. Amato further argues, that by denying her motion, the district court deprived her of her right to be presumed innocent throughout the close of evidence, at which time, she renewed her motion for acquittal.

We review de novo the district…