Lopez

United States v. Lopez

Good Law
256 F. App'x 36
United States Court of Appeals for the Ninth CircuitNovember 19, 2007No. 06-50284California675 words

Opinion

Lead Opinion

MEMORANDUM *

Juan Lopez appeals from his conviction and sentence for harboring aliens in violation of 8 U.S.C. 1324(a)(l)(A)(iii), and conspiracy in violation of 8 U.S.C. § 1324 (a)(l)(A)(v)(I). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

*38 Lopez argues that the district court erred when it redacted his indictment to remove reference to commercial advantage and private financial gain. Even assuming this argument was not waived, Lopez has failed to demonstrate plain error on the part of the district court. Clearly, the court’s redaction did not violate the Fifth Amendment because it did not broaden the charges against Lopez; if anything, it narrowed them. See United States v. Miller, 471 U.S. 130, 138-45 , 105 S.Ct. 1811 , 85 L.Ed.2d 99 (1985) (holding that a court may amend an indictment, so long as the scope of the remaining charges is narrower than before). In addition, that the indictment did not specifically charge Lopez with aiding and abetting was not an error, since “a defendant can be convicted as an aider and abettor... even if the indictment does not specifically charge him with aiding and abetting.” United States v.…

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