Ford

MEMORANDUM **

Ronald R. Ford, Jr. (“Ford”) appeals his 12-count conviction related to two incidents in which he was apprehended bringing undocumented persons from Mexico into the United States. Counts 1-4 charged Ford with bringing illegal aliens into the country without presentation, and with aiding and abetting, in violation of Title 8, United States Code, section 1324 (a)(2)(B)(iii) (“section 1324(a)(2)(B)(iii)”) and Title 18, United States Code, section 2 (“section 2”), in connection with his apprehension on January 11, 2006. Counts 5-12 related to Ford’s January 14, 2006 arrest, and charged Ford with bringing in illegal aliens for financial gain, and aiding and abetting, in violation of Title 8, United States Code, Section 1324 (a)(2)(B)(ii) (“section 1324(a)(2)(B)(ii)”) and section 2 (Counts 5, 7, 9, and 11), and bringing in illegal aliens without presentation and aiding and abetting in violation of section 1324(a)(2)(B)(iii) and section 2 (Counts 6, 8, 10, and 12).

Because the parties are familiar with the facts and procedural history we do not include them here, except as necessary to *655 explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 and we…

concurring.

I concur in the disposition. I write separately to note that although the only defense pursued by trial counsel was that of duress, given Ford’s history of brain injury and psychological issues, counsel’s failure to argue other available defenses is troubling.