Ramon Melendrez-Rodriguez v. United States

Appellant was tried and convicted on three counts under 8 U.S.C. Section 1324 (a) (2), transportation of aliens who are illegally within the United States.

He was arrested by members of the United States Border Patrol while driving his automobile near Bakersfield, California. In the vehicle with him were three aliens, each of whom testified that he was in the United States illegally and that the defendant had knowledge of his illegal presence in this country.

The appellant took the stand and testified that he had no knowledge that the aliens had illegally entered the country. In support of this proposition he testified that at the time the crime occurred, he was involved in finalizing his own immigration status; that he asked the aliens if they were properly within the country and received an affirmative answer; and that he told the aliens that he wanted “no trouble” of the type for which he was convicted because of the pending immigration proceedings;

On cross-examination, counsel for the government asked the appellant, over strenuous objection, whether he had returned to Mexico within a six or seven month period prior to trial. Appellant gave a negative reply and was…