United States v. Roberto Escoto-Nieto

Roberto Escoto-Nieto appeals from his conviction on a jury verdict of smuggling into the United States from Mexico approximately 189 pounds of marihuana, in violation of 21 U.S.C. § 176a.

The marihuana was found at the border in a pick-up truck driven by defendant. The latter’s defense was that on his way to work from his home in Tijuana, Mexico, to National City, California, an acquaintance, learning that defendant would be late if he took a bus, loaned him the pick-up truck. Defendant testified that he did not know there was marihuana hidden in several compartments in the vehicle.

On appeal defendant advances three grounds for reversal: (1) after Government counsel told him, mistakenly but without purpose to deceive, at a pre-trial hearing, that there was no informant, counsel for defendant thought it safe to ask a Government witness, on cross-examination, whether there was an informant, only to be told in front of the jury that there must have been an informant because the license number of the pick-up truck was on a “lookout” list at the border office; (2) misconduct on the part of Government counsel in that, during cross-examination of defendant who had taken the witness…