Claudio Carranza-Chaidez v. United States

The within appeal is from the judgment of conviction on four counts, to wit, 2, 3, 5 and 6, of a 6-Count Indictment charging violation of Title 8 U.S.C. § 1324 (a) (2) and (4), illegal transportation of an alien within the United States and inducing illegal entry of an alien into the United States. Two aliens are involved.

Four points of error are urged on appeal: (1) Instructions to the jury on the presumption of credibility of witnesses, (2) refusal of defendant’s requested instruction as to the effect of failure to produce witnesses, (3) failure to prove venue in the Southern District of California, and (4) erroneous instructions as to the elements of the transportation counts (5 and 6).

Four witnesses were called by the Government, and the appellant and four other witnesses were called by the defense. Although one of the court’s instructions included the statement that every witness is presumed to speak the truth, that instruction also tells how that presumption may be outweighed. When all of the instructions are considered together with the fact that each side called several witnesses, the court concludes that the appellant was not prejudiced by the instructions although…