Morales-Estrada

MEMORANDUM **

Appellant Guadalupe Morales-Estrada appeals her conviction following a jury trial on two counts: alien smuggling for financial gain and aiding and abetting the same in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and 18 U.S.C. § 2 (“Count One”); and failure to present an alien on arrival in the country and aiding and abetting the same in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii) and 18 U.S.C. § 2 (“Count Two”). Appellant argues that the district court erred in three respects: (1) by denying her Fed.R.Crim.P. 29 motion for acquittal; (2) by giving an improper jury instruction with respect to aiding and abetting liability; and (3) by applying a disproportionate risk of harm sentencing enhancement without applying the clear and convincing evidence standard. We affirm.

I

We review de novo a trial court’s denial of a motion for acquittal under Rule 29. United States v. Johnson, 357 F.3d 980, 983 (9th Cir.2004).

The government presented extensive evidence supporting an inference that Appellant knew that another individual was hidden in the car she attempted to drive across the border. There was evidence that the individual’s family had paid smugglers $30,000 to smuggle…