Garcia-Jaramillo

MEMORANDUM **

Juan Garcia-Jaramillo appeals from his convictions under 8 U.S.C. § 1324 (a)(l)(A)(i) and (a)(l)(A)(v)(i) for conspiracy to bring in illegal aliens; § 1324(a)(l)(A)(ii) and (a)(l)(B)(i) for transportation of an illegal alien for commercial advantage or private financial gain; and § 1324(a)(l)(A)(iii) and (a)(l)(B)(i) for harboring an illegal alien for commercial advantage or private financial gain. He contends that the district court erred by admitting identification evidence that was impermissibly suggestive, denying his motion for acquittal as to the financial-gain element of his charges, and failing to consider all necessary factors during sentencing. He also contends that he received ineffective assistance of counsel at trial.

Garcia-Jaramillo did not file a pretrial motion to suppress the identification evidence. His claim is therefore waived. See Fed.R.Crim.P. 12(b)(3), (e); Doganiere v. United States, 914 F.2d 165, 167 (9th Cir.1990). Even if he had objected, the photographic array was not impermissibly suggestive, see, e.g., United States v. Burdeau, 168 F.3d 352, 357-58 (9th Cir.1999), and all of the identification evidence was sufficiently reliable to…