Avila-Anguiano

MEMORANDUM **

Marcial Avila-Anguiano was convicted by a jury of conspiracy to commit hostage taking in violation of 18 U.S.C. § 1203 (Count 1); hostage taking in violation of 18 U.S.C. § 1203 (Count 2); possessing, using and carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924 (c) (Count 3); and bringing illegal aliens to the United States for financial gain, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) (Counts 4-6). He raises a number of issues on appeal.

Avila-Anguiano contends that his convictions on Counts 2 through 6 should be reversed because the government failed to establish alienage beyond a reasonable doubt. The three victims testified that they were born in Mexico, they were citizens of Mexico, and they did not have legal authorization to enter the United Státes. The victims also testified that their parents were citizens of Mexico. Reviewing the evidence in the light most favorable to the government, a reasonable juror could conclude that the victims were aliens. See United States v. Barajas-Montiel, 185 F.3d 947, 954 (9th Cir.1999) (holding that there was sufficient evidence of alienage where the material witnesses…