Opinion
No. 06-10443.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed March 1, 2007.
Jacki Lynn Ireland, Esq., USPX — Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.
Jerry Matthew Hernandez, Esq., Law Office of Jerry Hernandez, Tempe, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, Earl H. Carroll, District Judge, Presiding. D.C. No. CR-05-01042-EHC.
Before: BEEZER, FERNANDEZ, and McKEOWN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Orlando Rios-Lagarrata appeals from his conviction for transportation of illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(ii). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Rios-Lagarrata contends that it was plain error for the district court not to have the indictment read to the jurors. We disagree. "[I]t is well settled that the jury must be fairly apprised of the nature of the charges against the defendant, but this does not necessarily require a reading of the indictment to the jury either in whole or in part." Robles v. United States, 279 F.2d 401, 403-04 (9th Cir. 1960). Here, the jury was fairly apprised of the nature of the charges against Rios-Lagarrata.