United States v. Kenneth Mattison

Mattison was found guilty by a jury of conspiracy to smuggle aliens in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324 . We affirm.

Mattison’s sole contention is that the trial court should have granted his motion to strike the testimony of prosecution witness Aguayo-Esquivivas on the ground that it was tainted by prior, out-of-court coercion. Aguayo was one of three Mexican aliens found in the trunk of Mattison’s car when it was driven by one Wazal into the United States from Mexico. It is conceded that Aguayo’s post-arrest statements were obtained in violation of his privilege against self-incrimination and right to counsel and therefore could not have been used against him. But Aguayo was not charged with an offense. Instead he was “farmed-out” pursuant to the district court’s General Order No. 85, which permits alien material witnesses to be employed as farm laborers pending trial and to assign fifty percent of their wages as security for performance of the conditions of a $2,000 personal appearance bond.

At the trial Aguayo identified Matti-son as the one who put him in the trunk of the ear and as the one to whom money was to be paid. On cross-examination Aguayo admitted…