Rivas-Pozos

MEMORANDUM **

Defendants Jose Angel Rivas-Pozos and Jose Luis Ramirez-Esqueda were convicted of aiding and abetting the crime of bringing an illegal alien to the United States for financial gain. 8 U.S.C. § 1324 ; 18 U.S.C. § 2 . After Defendants were convicted but before they were sentenced, we decided United States v. Lopez, 484 F.3d 1186, 1191 (9th Cir.2007) (en banc), which clarified when the “bringing to” crime is completed. Because the jury instructions in Defendants’ trial were drafted under pre-Lopez law, the district court granted Defendants’ motion for a new trial but denied their motion for judgment of acquittal.

In Nos. 07-50386 and 07-05390, Defendants filed interlocutory appeals of the district court’s denial of the motion for judgment of acquittal. In No. 07-74274, Defendants filed a petition for a writ of mandamus, seeking an order directing the district court to enter judgment of acquittal. We dismiss the appeals and deny mandamus relief.

1. We lack jurisdiction to entertain Defendants’ interlocutory appeals because the double jeopardy claims are not “color-able.” Richardson v. United States, 468 U.S. 317, 321-22 , 104 S.Ct. 3081 , 82 L.Ed.2d 242 (1984).…