Gonzalez-Marichal

ORDER GRANTING MOTION IN LIMINE

Defendant moves in limine to exclude an unavailable material witness’s statement made during custodial interrogation about her alienage on the ground that admission of the statement violates Defendant’s Sixth Amendment confrontation rights as recently determined by the Supreme Court in Crawford v. Washington, — U.S. -, 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004). The Government opposes the motion. For the reasons set forth below, the motion in limine is granted.

BACKGROUND

For purposes of this motion only, the following facts appear to be uncontested. On June 1, 2003 United States Border Patrol agents observed Defendant walking north on Andrade Road near the Andrade Port of Entry in the Southern District of California. Defendant walked up to a Ford F-150 pickup, began washing the windows, and continually looked towards the east as if looking for someone. Soon four individuals approached a closed abandoned railroad bridge. They were hunched over as they ran. Defendant gave them a hand signal to enter a small metal shed at the west end of the bridge. They complied and then Defendant waved them forward. At Defendant’s instruction, two individuals got…