United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 26, 2007
Charles R. Fulbruge III
Clerk
No. 05-51523
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NOE ALEMAN, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:04-CR-1509-ALL
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Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM:*
Noe Aleman, Jr. appeals his convictions for conspiracy,
harboring illegal aliens, and encouraging and inducing aliens to
remain in the United States. Aleman was sentenced to a term of
imprisonment of six months on each count to be followed by three-
year terms of supervised release, all terms to run concurrently.
Aleman asserts that the Government failed to prove criminal
intent with respect to any of the three counts because he
believed, based on legal advice, that the three Mexican females
could remain in the United States legally beyond the date of the
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-51523
-2-
temporary parole. Viewed in the light most favorable to the
verdict, the evidence was sufficient for a rational jury to find
beyond a reasonable doubt Aleman guilty of conspiracy, harboring
illegal aliens, and encouraging and inducing aliens to remain in
the United States. See Jackson v. Virginia, 443 U.S. 307, 319
(1979); 8 U.S.C. § 1324(a)(1)(A)(iii), (iv); 18 U.S.C. § 371.
The evidence that the aliens had single day parole (I-94
forms), that Aleman lied about turning in the forms when the
aliens returned to Mexico, that Aleman and his wife lied about
the aliens living in their home, that the aliens were in the
United States because they were regularly attending school, that
Aleman lied to border officials about the aliens’ location in
Mexico, and that Aleman repeatedly attempted to have additional
parole granted to allow the aliens to be in the United States
legally was sufficient for a rational jury to find beyond a
reasonable doubt that Aleman knew that the aliens were in the
United States illegally and to establish criminal intent with
respect to all of the three counts of conviction. The evidence
was sufficient to support Aleman’s convictions for conspiracy,
harboring illegal aliens, and encouraging and inducing aliens to
remain in the United States.
AFFIRMED.