United States v. Lincoln Calvert McSweaney

Appellant was convicted of bringing into the United States two aliens not lawfully entitled to enter (Roland Robinson and Roland’s sister), in violation of 8 U.S.C. § 1324 (a)(1) and (4) and 18 U.S.C. § 2 , and for conspiracy to commit the substantive offenses. 18 U.S.C. § 371 .

Roland Robinson testified for the government. Appellant contends that the district court erred in refusing to order disclosure under the Jencks Act of statements made by Robinson to government agents.

Under the Jencks Act, 18 U.S.C. § 3500 (e), the government is required to produce “writings signed or adopted by a witness and . . . accounts which are ‘a substantially verbatim recital’ of a witness’s oral statements.” Wilke v. United States, 422 F.2d 1298, 1299 (9th Cir. 1970). There is no evidence that Robinson “signed or adopted” any writings. He did testify, however, that on two occasions he was interviewed by government agents who took notes.

The first interview was conducted after Robinson had been taken to the secondary inspection area at the border. Other testimony established that Robinson was interviewed at this point by Immigration Inspectors Holmes and Gur-ble. The government argues…