Inez Ortiz-Jiminez v. United States

Appellant was convicted by a district court judge, sitting without a jury, on four counts of a six count indictment, charging him with inducing the entry into the United States from Mexico, of three individuals alleged to have been aliens, in Counts I, III and V; and of transporting the aliens, thus illegally entering, within the United States, in Counts II, IV and VI. He was acquitted on Counts II and IV, on motion of the government. He was sentenced to thirty days, to run concurrently, on each count.

Appellant’s counsel, believing no sufficient proof of the crimes alleged had been proved, stated in open court, immediately after the government rested:

The court then heard arguments from each counsel, reserved decision, and subsequently rendered it as outlined above.

Appellant first urges as error insufficiency of the evidence, “as there was inconsistency of the evidence.” Appellant overlooks in his recital of the evidence certain facts which support a logical inference of guilt. That the evidence is largely circumstantial does not justify this court in rejecting it, nor in overlooking noncircumstantial evidence appearing in the record. The weight to be accorded conflicting…