Ibarra

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 29 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1282 D.C. No. Plaintiff-Appellee, 3:22-cr-01373-DMS-1 v.

MEMORANDUM*

HECTOR DAVID IBARRA,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding

Argued and Submitted May 16, 2024 Pasadena, California

Before: N.R. SMITH and MENDOZA, Circuit Judges, and HINDERAKER, District Judge.** Hector David Ibarra appeals his conviction, following a jury trial, for

conspiracy to transport aliens and attempt to transport aliens in violation of 8 U.S.C. § 1324. We have jurisdiction under 28 U.S.C. § 1291. We vacate the conviction and remand.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable John Charles Hinderaker, United States District Judge for the District of Arizona, sitting by designation. Before closing argument, the district court stated that it…