Sanchez-Espinoza

MEMORANDUM **

Pedro Sanchez-Espinoza (Sanchez) and Roy Jack Bonilla (Bonilla) appeal their convictions and sentences after being convicted in a joint trial of conspiracy to bring illegal aliens to the United States for financial gain, conspiracy to transport illegal aliens, three counts of bringing illegal aliens to the United States for financial gain, and three counts of transporting illegal aliens.

1. The district court did not err by admitting evidence of prior smuggling incidents because they were inextricably intertwined with the conspiracy charges. See United States v. DeGeorge, 380 F.3d 1203, 1220 (9th Cir.2004). The district court did not abuse its discretion under Rule 403 in admitting the prior incidents because each was relevant evidence of Appellants’ involvement in an ongoing alien-smuggling conspiracy. See United States v. Montgomery, 384 F.3d 1050, 1062 (9th Cir.2004).

2. The district court did not violate Appellants’ rights to due process or to present a defense, because the district court’s exclusion of Rene Martinez Gardoza’s testimony was neither arbitrary nor disproportionate to Rule 403’s purposes. *257 See United States v. Kincaid-Chauncey, 556 F.3d 923,…