United States v. Hernandez-Orellana

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 jury could have determined that Maritza Olmeda Drewry (Drewry) 1 and Norma Hernandez-Orella-na (Hernandez) participated in a conspiracy to bring aliens from Mexico to the…