U.S. v. BARAJAS-CHAVEZ

No. 97-2033.

134 F.3d 1444 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Martin BARAJAS-CHAVEZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 28, 1998.


Attorney(s) appearing for the Case

John J. Kelly, United States Attorney, (Lauren A. Mickey, Assistant U.S. Attorney with him on the brief), Las Cruces, NM, for Plaintiff-Appellant.

Floyd W. Lopez, Albuquerque, NM, for Defendant-Appellee.

Before PORFILIO, McKAY, and BRISCOE, Circuit Judges.


JOHN C. PORFILIO, Circuit Judge.

Martin Barajas-Chavez stood trial on charges of knowingly transporting two named undocumented aliens in furtherance of the aliens' illegal presence within the United States, a violation of 8 U.S.C. § 1324(a)(1)(A)(ii). At the end of the trial, Mr. Barajas-Chavez moved for judgment of acquittal, arguing there was insufficient evidence to show he acted "in furtherance of" his passengers' illegal presence within the United States...

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