United States v. Norman Eugene Lewis

A jury found Lewis guilty on two counts of smuggling aliens into the United States and one conspiracy count. On appeal he attacks the sufficiency of the evidence to demonstrate guilt, the admission of deposition testimony of the two smuggled aliens, and the imposition of sentence by a judge other than the one who presided at his trial. We affirm.

Viewing the evidence in the light most favorable to the government, we find that the record reveals abundant proof to support the verdicts on all three counts. The jury could properly have found that Lewis and an accomplice arranged to hide the aliens in an automobile trunk compartment, and then enlisted their female companions as unwitting accessories to drive the car across the border.

Material witness complaints were filed against the two aliens to ensure their presence at Lewis’ trial and they remained in custody, unable to post bail. After several months, a magistrate appointed counsel for them, and the parties arranged for their depositions and release. Defense counsel attended the deposition proceedings, and Lewis personally appeared before the court and waived his right to confront the witnesses at trial. The court then ordered…