United States v. Hector Francisco-Romandia

One issue on appeal requires discussion: Did the release from custody of twenty material witnesses deprive the appellant of due process under the holding of United States v. Tsutagawa (9th Cir. 1974) 500 F.2d 420 and United States v. Mendez-Rodriguez (9th Cir. 1971) 450 F.2d 1 ? We hold that it did not under the circumstances of this case.

Thirty-one illegal aliens were discovered when officers entered a residence which they had probable cause to believe was then being burglarized. Appellant’s codefendants were arrested there. Appellant was not in the house. His complicity in the alien smuggling ring was revealed by statements of two of the aliens who later identified appellant at trial as one of the persons who visited the residence and brought them food and by another alien who testified that he had talked to appellant about when the aliens would be transported north.

Appellant was indicted on August 15, 1973, for conspiring to smuggle aliens, but he was not apprehended until about one month later. Meanwhile, two of his codefendants, through their counsel, stipulated with the Government to the release of all alien material witnesses except nine. Each of the witnesses…