United States v. Robert Verduzco-Macias, United States of America v. Edwin Lloyd Cortelyou

These appeals are from appellants’ respective criminal convictions for violating the Immigration & Nationality Act of 1952, 8 U.S.C. § 1101 et seq. Appellant Verduzco was adjudged guilty on all counts of a five count indictment, charging him with four counts of transporting illegal aliens within the United States in violation of 8 U.S.C. § 1324 (a) (2), and one count of conspiracy to violate that subsection in contravention of 18 U.S.C. § 371 . Appellant Cortelyou was convicted on all counts of a nine count indictment, charging eight counts of transporting illegal aliens and one count of conspiracy to violate 8 U.S.C. § 1324 .

The cases were consolidated for purposes of appeal because they present a common question regarding the effect on appellants’ convictions of farming out illegal aliens apprehended in this country, who might have been material witnesses to crimes against the immigration laws, and who subsequently left the farms, becoming unavailable for defense questioning and use at trial.

Cortelyou was arrested when border patrol agents found eight illegal aliens in the camper compartment of the pickup truck he was driving. All eight aliens were placed on farms; three…