Wilson

MEMORANDUM *

Julie Ann Wilson appeals her conviction by jury of two counts of bringing an alien into the United States without immediate presentation or inspection, in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii), and one count of bringing an illegal alien to the United States for financial gain in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and 18 U.S.C. § 2 (aiding and abetting). We affirm.

Wilson argues that her Sixth Amendment right to be present at all stages of her trial was violated when the district court failed to inform her of a jury note with two questions, one of which indicated deadlock, and that she was prejudiced by this violation. “Jury messages should be ‘answered in open court and ... petitioner’s counsel should [be] given the opportunity to be heard before the trial judge respond[s].’ ” United States v. Barragan-Devis, 133 F.3d 1287, 1289 (9th Cir. 1998) (quoting Rogers v. United States, 422 U.S. 35, 39 , 95 S.Ct. 2091 , 45 L.Ed.2d 1 (1975)). Although the district court responded to the first question, it did not respond to the deadlock question (the only error appealed). Had he been informed of the note, Wilson’s counsel might have “tr[ied] [to] persuade the…