Torres-Ambriz

United States v. Torres-Ambriz

Good Law
250 F. App'x 217
United States Court of Appeals for the Ninth CircuitOctober 4, 2007No. 06-50703California565 words

Opinion

Lead Opinion

MEMORANDUM **

Torres-Ambriz appeals from her convictions for bringing an illegal alien to the United States in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and bringing an illegal alien to the United States without presentation in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii). The district court had jurisdiction under 18 U.S.C. § 3231 and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

We review de novo a district court’s jury instructions regarding the elements of a statutory crime. United States v. Rivera-Relle, 333 F.3d 914, 918 (9th Cir.2003). The district court properly instructed the jury that, in order to convict Torres-Ambriz, it needed to find beyond a reasonable doubt that Torres-Ambriz knew that the principal was receiving financial gain. The district court’s instruction to the jury that “[t]he evidence must show beyond a reasonable doubt that the defendant acted with the knowledge and intention of helping that person commit the crime of bringing an alien to the United States for commercial advantage or private financial gain[ ]” was sufficient.

*218 Torres-Ambriz did not object to the jury instruction dealing with…

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