Is there insufficient evidence to convict a defendant charged with alien smuggling who was not aware of the presence of an illegal alien in the vehicle?

(9th Cir. 1987) (holding that circumstantial and indirect evidence such as the place of entry and the furtive behavior of aliens may support an inference that a defendant knew that aliens were illegally in the United States). This defendant is therefore already distinct from defendants charged with alien smuggling who are at least arguably unaware of an alien's presence. See, e.g., United States v. Esparza, 876 F.2d 1390, 1393 (9th Cir. 1989)(finding that there was insufficient evidence to support a conviction where the defendant was present but there was no evidence that the defendant knew that aliens were hidden in a moving van).