UNITED STATES of America, Plaintiff-Appellee,
v.
Norma HERNANDEZ-ORELLANA, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Maritza Olmeda Drewry, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 3, 2008.
Filed August 20, 2008.
Attorney(s) appearing for the Case
Steven S. Lubliner, Esquire, Criminal Justice Act Attorney, Petaluma, CA, for defendant-appellant Norma Hernandez-Orellana.
David J. Zugman, Esquire, Criminal Justice Act Attorney, San Diego, CA, for defendant-appellant Maritza Olmeda Drewry.
William M. Narus, Esquire, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee United States of America.
Before: DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.
United States Court of Appeals, Ninth Circuit.
TALLMAN, Circuit Judge:
Today, we address the question left open in United States v. Lopez,484 F.3d 1186 (9th Cir.2007) (en banc), to explain what actions render a co-conspirator criminally liable for an alien smuggling conspiracy for profit even though there is no evidence that the conspirator herself committed an actual overt act of smuggling aliens across the border but other co-conspirators did. We hold that a reasonable...
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