Hernandez-Miranda

MEMORANDUM *

Sergio Hernandez-Miranda appeals the district court’s denial of his motion for a Rule 29 judgment of acquittal to set aside his conviction for (1) bringing an illegal alien to the United States for financial gain in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) (“Count 1”), and (2) bringing an alien to the United States without presentation in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii) (“Count 2”). Hernandez-Miranda contends the district court erred in denying his Rule 29 motion because the government failed to provide sufficient proof of financial gain, and also because the prosecution engaged in misconduct during the trial.

We review de novo the district court’s denial of a Rule 29 motion for acquittal. United States v. Norris, 428 F.3d 907, 914 (9th Cir.2005). When reviewing the denial of a Rule 29 motion, “[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Bahena-Cardenas, 70 F.3d 1071, 1072-73 (9th Cir.1995) (quoting United *964 States v. Riggins, 40 F.3d 1055, 1057 (9th Cir.1994))…