UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40108 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ELIDA CASTILLO DE SALAZAR,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas (L-00-CR-939-ALL) _________________________________________________________________ March 15, 2002

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Elida Castillo De Salazar contends: her convictions for

illegally transporting aliens should be reversed because the

Government failed to prove she knowingly transported illegal aliens

in furtherance of their illegal entry into the United States; and

the jury instructions, to which she did not object, constructively

amended the indictment to charge her with transporting illegal

aliens to assist them in remaining in the United States.

Although the wording of the indictment did not precisely track

the language of the statute, it clearly charged Salazar had

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. transported the aliens within the United States after they had

illegally entered this country. Contrary to Salazar’s assertion,

the indictment could be read to charge her with transporting the

aliens after they had entered the country in furtherance of their

intent to illegally remain in this country. There was no

constructive amendment of the indictment. See United States v.

Dixon,

(5th Cir. 2001).

Salazar testified at trial and, inter alia, claimed duress.

Viewing all the evidence in the light most favorable to the

verdict, it supported the charge made in the indictment: the aliens

had illegally entered this country; Salazar knew the men were

illegally present; and she knowingly transported them within the

United States in furtherance of their continued illegal presence.

There was sufficient evidence for a reasonable trier of fact to

find, beyond a reasonable doubt, that Salazar violated the

provisions of

(a)(1)(ii). See United States v.

Romero-Cruz,

(5th Cir.), cert. denied,

(2000).

AFFIRMED

2