United States v. Cesar Alfredo Tamayo

Tamayo appeals from the judgment of conviction under both counts of an indictment. Count I charges that he had “in his possession approximately 118 Immigration Forms 1-186, Nonresident Alien Mexican Border Crossing Cards * * * well knowing them to have been procured by fraud and unlawfully obtained.” This count is based on 18 U.S.C. § 1546 . Count II charges that he transported from San Ysidro, California to Gridley, California one Camargo-Gonzalez, “an alien not lawfully entitled to enter the United States for the purpose of employment, knowing that * * * CamargoGonzalez was in the United States in violation of law and that his last entry * * * occurred on June 2, 1968, * * in order to further * * * CamargoGonzalez’ being in the United States for the purpose of illegal employment.” This count is based on 8 U.S.C. § 1324 (a) (2). Sentences were five years on each count, concurrent.

Tamayo argues that his conduct did not violate 18 U.S.C. § 1546 . There was no proof that any of the cards were originally obtained by the aliens to whom they were issued by false claim or statement or fraud or unlawfully from anyone. Tamayo obtained possession of the cards in the course of his…