United States v. Donald Deshotels

MEMORANDUM

Donald Barton Deshotels appeals his convictions for transportation of illegal aliens and aiding and abetting ( 8 U.S.C. § 1324 (a)(l)(A)(ii) and (v)(II)); bringing in illegal aliens for financial gain and aiding and abetting ( 8 U.S.C. § 1324 (a)(2)(B)(ii) and 18 U.S.C. § 2 ); and conspiracy to bring in and transport illegal aliens ( 8 U.S.C. § 1324 (a)(l)(A)(i), (ii), and (v)(I)). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

State Route 94 border patrol agents discovered three illegal aliens in the trunk of Kenneth Grant’s car after he attempted to pass through the checkpoint. Minutes later, agents saw Deshotels walking down State Route 94. They summoned him to the primary inspection area and asked him where he was coming from; he responded he was in the bushes and then stated he had been dropped off. He did not respond to an agent’s question whether he had been in the car still present in secondary inspection. The material witnesses identified Deshotels in a photographic showup. Two material witnesses identified him in a six-person photographic lineup and at trial as the car passenger who met them at a prearranged location on the United States…