Armenta-Fiscal

MEMORANDUM **

Elizabeth Armenta-Fiseal appeals her conviction for bringing an alien to the United States for financial gain in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii). She identifies several grounds on which she urges reversal: the jury instructions did not inform the jury that they must find she acted for her own financial benefit; the evidence was not sufficient to uphold the verdict; a general intent instruction contradicted the specific intent element of aiding and abetting; and the jury should not have been allowed to reach a verdict on aiding and abetting grounds because aiding and abetting was not alleged in the indictment. We affirm.

A. Financial Benefit

The financial benefit instruction at issue, parroting the statute, states: “the government must prove ... [fjourth, the defendant brought the person to the United States for the purpose of commercial advantage or financial gain.”

Armenta-Fiseal argues that the district court erred in its construction of the statute by not instructing the jury that they must find that Armenta-Fiseal intended to benefit herself financially. Subsequent to the trial, we held in United States v. Munoz, 412 F.3d 1043 (9th Cir. 2005), that…