United States v. Miguel Angel Ballesteros--Acuna

Appellant was adjudged a juvenile delinquent for having committed the offense of illegally importing 40 pounds of marijuana. We affirm.

At the beginning of his trial, appellant filed a motion to dismiss the information because of the Government’s release and subsequent unavailability of a material witness in violation of appellant’s Fifth and Sixth Amendment rights. Following a combined trial and hearing on the motion, appellant moved for acquittal on the same grounds. Appellant contends that the court’s denial of both motions constituted reversible error.

A customs inspector testified that he received a car for inspection in Nogales, Arizona, which was driven by appellant, and in which an elderly man, John Massey, was riding as a passenger. The inspector found marijuana in the car’s trunk. He then attempted to approach appellant, who started running back toward Mexico. Appellant was apprehended after running about 40 yards. Both appellant and Massey were turned over to an agent of the Drug Enforcement Administration!

The agent. testified that Massey appeared to be old and blind and carried a white cane. Massey told the agent that he owned the car, and hired appellant…