United States v. Barajas-Chavez

PUBLISH 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. The district court took Mr. Barajas-Chavez' motion under advisement and submitted the case to the jury. The jury returned a guilty verdict, but the district court, acting on Mr. Barajas-Chavez' motion, set the verdict aside and entered a judgment of acquittal on the ground the evidence was insufficient to support the conviction. The government appeals the district court's ruling. We affirm.