U.S. v. BARAJAS-CHAVEZ

No. 97-2033.

162 F.3d 1285 (1999)

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

United States Court of Appeals, Tenth Circuit.

January 7, 1999.


Attorney(s) appearing for the Case

John J. Kelly, United States Attorney (Fred J. Federici and Jason Bowles, Assistant United States Attorneys, with him on the brief), Las Cruces, New Mexico, for the appellant.

Floyd W. Lopez, Albuquerque, New Mexico, for the appellee.

Before SEYMOUR, Chief Judge, PORFILIO, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY, HENRY, BRISCOE, LUCERO, and MURPHY, Circuit Judges.


BRISCOE, Circuit Judge.

Defendant Martin Barajas-Chavez was convicted by a jury of transporting two illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii). On defendant's motion at the conclusion of the case, the district court set aside the jury's verdict and entered a judgment of acquittal on the ground that the evidence was insufficient to demonstrate defendant acted knowingly "in furtherance of" the aliens' illegal presence in the United States. After...

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