United States v. Arturo Esparza

Arturo Esparza appeals his conviction for importing marijuana in violation of 21 U.S.C. §§ 952 and 960. On February 19, 2011, Esparza attempted to enter the United States, driving a car that had multiple packages of marijuana hidden in the gas tank and dashboard. At trial, the only contested issue was the critical fact of Esparza’s knowledge, and specifically who actually owned the car he was driving.

At the time of Esparza’s arrest, Diana Hernandez was the car’s registered owner. The government did not call Hernandez as a witness. Instead, the government relied on two hearsay documents containing Hernandez’s statement that she had sold the car to Esparza six days before his arrest. Hernandez made this statement to the California Department of Motor Vehicles (“DMV”) only after she was notified by law enforcement that her car had been seized for smuggling drugs. The government used Hernandez’s statement as proof that Esparza actually owned the car, and therefore knew about the hidden drugs. Espar-za, on the other hand, claimed that he borrowed the car from a friend to visit his children and attend their soccer game. At the time of his arrest, Esparza’s children lived in…