Dickerson

MEMORANDUM ***

Lealon Bruce Dickerson appeals from his convictions for bringing in an alien for financial gain, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and 18 U.S.C. § 2 , and for bringing in an alien without presentation, in violation of 8 U.S.C. § 1324 (a) (2) (B) (iii). The facts are known to the parties and need not be repeated here.

The district court did not err by admitting, under Federal Rule of Evidence 801(d)(2)(E), out-of-court statements made by the husband of one of the immigrants found in Dickerson’s van. We are satisfied that the government established by a preponderance of the evidence the existence of a conspiracy between Dickerson and the immigrant’s husband. United States v. Castaneda, 16 F.3d 1504, 1507 (9th Cir.1994) (noting that the government must produce “fairly incriminating” evidence other than “the conspirator statements themselves”). Here, the government produced the following corroborative facts: that the immigrant’s husband had arranged for the smuggling of their children into the United States; that, soon thereafter, she desired to join them; that she called her husband with the intention of arranging to enter the United States; and that, the…