United States v. Rafael Castro-Ayon

Rafael Castro-Ayon appeals his conviction for violating 8 U.S.C. § 1324 and 18 U.S.C. § 371 (inducing illegal immigration, transporting illegal immigrants, and conspiracy). He challenges the admission of “prior inconsistent statements” of witnesses and an instruction allowing the jury to use this testimony as substantive evidence of guilt. We affirm.

On August 29,1975, a border patrol agent stopped a van carrying eleven illegal aliens, including the driver. The van was registered to Castro-Ayon, a United States citizen residing in Richmond, California. The aliens were taken to the Chula Vista Border Patrol Station where Agent Pearce advised them of their “Miranda” rights, placed them under oath and interrogated them. The interrogation was tape-recorded.

At the trial, three of the aliens were called by the government and were asked questions about Castro-Ayon. These witnesses all tended to exculpate him. The prosecutor thereupon asked foundation questions for impeachment. Each witness admitted that she had made a statement to Agent Pearce shortly after she was arrested. The prosecutor next called Agent Pearce. Pearce testified to the substance of the prior statements all of which…