Professional Documents
Culture Documents
No. 05-4666
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CR-04-493)
Submitted:
Decided:
PER CURIAM:
A jury convicted Hilario G. Herrera of conspiring to
transport illegal aliens (Count 1) and transporting illegal aliens
(Count
2),
in
violation
of
U.S.C.A.
1324(a)(1)(A)(ii),
The district court
We affirm.
Thus,
he contends that the district court erred by denying his motion for
judgment of acquittal under Fed. R. Crim. P. 29.
This court reviews the district courts decision to deny
a Rule 29 motion de novo.
700 (4th Cir. 2006).
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Glasser v. United
conclude that the district court did not abuse its discretion by
refusing to give the requested instructions.
Ebersole, 411 F.3d 517, 526 (4th Cir. 2005) (stating standard of
review), cert. denied, 126 S. Ct. 1142 (2006).
Herrera also asserts that the district court erred by
refusing to allow him to impeach a defense witness with a prior
inconsistent statement.
See United
States v. Williams, 445 F.3d 724, 732 (4th Cir. 2006) (stating
standard of review).
Finally, citing United States v. Booker, 543 U.S. 220
(2005), Herrera contends that his sentence violates the Sixth
Amendment
because
the
district
court
sentenced
him
under
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However,
we
affirm
Herreras
convictions
and
AFFIRMED
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