United States v. Frank Moreno Neustice

The judgments of conviction are affirmed. Case No. 4272 (our No. 71-2305) involved the transporting in foreign commerce of a stolen automobile (United States to Mexico). Case No. 64 (our No. 25,547) and case No. 4271 (our No. 71-1249) involved the bringing into the United States from Mexico of aliens not entitled to entry.

There is abundant evidence of guilt beyond a reasonable doubt. But questions are raised as to whether the defendants were properly convicted according to applicable law.

It is assei’ted that there was error in returning some of the illegally entered aliens to Mexico who did not come back for the trial. Some did return. Apparently none of these aliens was interviewed by the defense before departure. The defense now asserts here that United States v. Mendez-Rodriguez, 9 Cir., 1971, 450 F.2d 1 , is applicable. We think not in view of the fact the point was not raised in district court. Certainly we cannot call this afterthought plain error. Also, it should be observed that the aliens who did return were surely subject to being interviewed before taking the stand.

We reject the claim that the defendant was shoved out of Mexico at the demand of the United States,…