United States of America v. RAMONA CLEMENCIA GARCIA DE LOMAS, AKA Ramona Garcia De Lomas

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RAMONA CLEMENCIA GARCIA DE
LOMAS, AKA Ramona Garcia De Lomas,
Defendant-Appellant.
No. 16-10435
D.C. No.
4:14-cr-01561-FRZ-EJM-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, District Judge, Presiding
Submitted July 23, 2018**
San Francisco, California
Before: THOMAS, Chief Judge, and HAWKINS and McKEOWN, Circuit Judges.
Ramona Clemencia Garcia de Lomas appeals her bench-trial convictions for
conspiracy to transport illegal aliens for the purpose of commercial advantage or
FILED
JUL 31 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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private financial gain and bringing in an illegal alien for profit, in violation of
8 U.S.C. § 1324(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Garcia de Lomas contends that the district court erred by permitting the
government to impeach her trial testimony with prior inconsistent statements she
made at an earlier change of plea hearing. See Fed. R. Evid. 410(a). We need not
decide this question because, even if the district court erred in permitting the
government to question Garcia de Lomas concerning her prior testimony, any error
was harmless given the amount of evidence supporting her convictions.
See United States v. Sayakhom, 186 F.3d 928, 936 (9th Cir. 1999) (though
admission of plea negotiation statements at trial violated Rule 410, the error was
harmless given compelling evidence of defendant’s guilt); id. (“An error not of
constitutional magnitude may be disregarded if the government shows that the
prejudice resulting from the error was more probably than not harmless.”).
AFFIRMED.
2

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