Ramirez-Gomez

MEMORANDUM *

Jorge Ramirez-Gomez appeals his convictions for bringing an alien to the United States under 8 U.S.C. § 1324 . We reverse. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

We deferred submission of this case pending the issuance of an opinion in United States v. Lopez, No. 05-50415, which has now been decided. See United States v. Lopez, 484 F.3d 1186 (9th Cir.2007). Lopez , which was decided after the district court’s opinion in this case, requires us to reverse the three counts of bringing an illegal alien to the United States in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii).

*269 Lopez held that the crime of bringing an illegal alien to the United States terminates when the initial transporter ceases transporting the alien. Id. at 1187-88 . Lopez also held that “the mere act of picking up aliens at a location near the border and transporting them within the United States is not sufficient to support a conviction for aiding and abetting a ‘brings to’ offense.” Id. at 1199-01 .

Applying these requirements to the instant case, we conclude that Ramirez-Gomez’s convictions for the “brings to” offense…

concurring.

I agree in light of our en banc decision in United States v. Lopez, 484 F.3d 1186 (9th Cir.2007), that we must reverse the “brings to” convictions of Ramirez-Gomez. I believe Ninth Circuit law is wrong for the reasons I explained in my dissent in Lopez. See id. at 1201-11. But until either Congress or the Supreme Court corrects our court’s jurisprudence on alien smuggling, I reluctantly concur.