No. 04-50256.

394 F.3d 746 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Louise Irene SCHEMENAUER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2005.

Attorney(s) appearing for the Case

Angela M. Krueger and Victor J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carla J. Bressler, Assistant United States Attorney, Southern District of California, San Diego, CA, for the plaintiff-appellee.

Before: HUG, PREGERSON, and BERZON, Circuit Judges.

BERZON, Circuit Judge:

Defendant-Appellant Louise Schemenauer takes this interlocutory appeal from the district court's denial of her motion to dismiss after the jury hung at the end of her first trial. She argues that the district court erred in denying the motion because she was entitled to a judgment of acquittal under Fed. R. Crim. P. 29(a) ("Rule 29"), and that a second trial on charges that she brought illegal aliens into the United States for financial gain...

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