United States v. Martin Alcantara-Castillo

Opinion by Judge WARDLAW; Dissent by Judge RAWLINSON.

OPINION

Martin Alcantara-Castillo (Alcantara) appeals his jury trial conviction for illegal reentry in violation of 8 U.S.C. § 1326 . *1189 Because the government’s improper cross-examination and argument deprived Alcan-tara of the fair trial guaranteed by the Due Process Clause, we reverse.

I.

On June 26, 2011, Border Patrol Agent Aaron Hunter responded to a report that a motion sensor had been activated approximately seven miles east of the Tecate port of entry. Searching the area, he found Alcantara lying next to an abandoned cargo container approximately one mile north of the Mexican border. Alcantara was carrying a backpack and was very dirty. Agent Hunter approached Alcantara, questioning him in Spanish. Alcantara admitted that he was a “citizen of Mexico and that he did not have any documents allowing him to be in the United States.”

Agent Hunter testified that as he escorted Alcantara toward the highway where he had parked his patrol car, Alcantara spontaneously began talking. According to Agent Hunter, Alcantara volunteered that he had crossed the border on foot the previous night with a group that had been chased…

dissenting:

I respectfully dissent. Martin Alcan-tara-Castillo (Alcantara) challenges his conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . Alcantara contends that a new trial is warranted because the government improperly compelled Alcantara to challenge the veracity of a government witness during the government’s cross-examination and impermissibly vouched for government witnesses during closing arguments. The majority agrees with Alcan-tara. I agree with the district court.

I. BACKGROUND

Alcantara was charged with one count of being a deported alien found in the United States in violation of 8 U.S.C. § 1326 .

A. Trial Testimony

Border Patrol Agent Aaron Hunter testified that, on June 26, 2011, he was informed that a motion sensor had been *1199 triggered approximately seven miles east of the Tecate port of entry. Agent Hunter described the area as “very mountainous, rugged terrain” one mile north of the border.

According to Agent Hunter, he discovered Alcantara lying on the ground in the area, alongside a cargo container. When questioned in Spanish, Alcantara responded that he was a Mexican citizen and lacked any documents…

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50477 Plaintiff-Appellee, D.C. No. v. 3:11-cr-03876-

AJB-

MARTIN ALCANTARA-CASTILLO,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Southern District of California Anthony J. Battaglia, District Judge, Presiding

Argued and Submitted December 4, 2013—Pasadena, California

Filed June 11, 2015

Before: Dorothy W. Nelson, Kim McLane Wardlaw, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Wardlaw; Dissent by Judge Rawlinson UNITED STATES V. ALCANTARA-CASTILLO

SUMMARY*

Criminal Law

Reversing a conviction for illegal reentry, the panel held that the government’s improper cross-examination and argument deprived the defendant of the fair trial guaranteed by the Due Process Clause.

The panel held that error occurred when the prosecutor implicitly and then explicitly asked the defendant to comment on a Border Patrol agent’s veracity during cross-examination. The panel also held that, as the government conceded, the government improperly vouched for the Border Patrol agent’s…