United States v. David Ruiz-Juarez

Appellant was convicted of inducing the illegal entry of an alien [ 8 U.S.C. § 1324 (a) (4)] and smuggling an alien [ 8 U.S.C. § 1324 (a) (1)]. On appeal he raises these issues: (a) whether the evidence was sufficient to support the conviction and (b) whether there was error in denying appellant’s motion to disclose the identity of an informant without an evidentiary hearing. We affirm.

Ruiz-Juarez entered the United States from Mexico in April 1971, arriving at the San Ysidro point of entry with his wife and children by automobile. An anonymous informant had six days earlier alerted the immigration inspectors that appellant was engaged in smuggling aliens across the border in a 1957 Chevrolet bearing California license plates, PMM 524.

Appellant was very nervous and had difficulty in producing his operator’s permit. The inspectors noted that his car matched the informant’s description, and referred it to a secondary inspection area. Upon further inspection, an officer found under the hood of the car a Mexican alien doubled up between the radiator and grille.

Appellant moved in the district court to require the government to reveal the identity of the informant, citing Roviaro…