Aguila

MEMORANDUM **

A jury convicted Jorge Antonio Aguila for bringing illegal aliens to the United States for financial gain, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and 18 U.S.C. § 2 (Counts 1 and 3), and for bringing illegal aliens to the United States without presentation, in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii) and 18 U.S.C. § 2 (Counts 2 and 4). On appeal, Aguila raises four issues. First, he argues that his conviction on Counts 1 and 3 should be reversed because there was insufficient evidence as to the financial gain element of § 1324(a)(2)(B)(ii). Second, he argues that his conviction on all counts should be reversed because the alleged crimes were never “completed” under United States v. Ramirez-Martinez, 273 F.3d 903, 912 (9th Cir.2001), overruled by United States v. Lopez, 484 F.3d 1186, 1192 (9th Cir.2007) (en banc). He next argues that the indictment did not allege the “specific intent” element of the aiding and abetting theory. Finally, he argues that the district court failed to instruct the jury on the “specific intent” element of the aiding and abetting-theory.

The denial of a Rule 29 motion for acquittal is reviewed de novo, using the same test as that…