United States v. Jesus Sanchez-Meza

Appellant contends he was unconstitutionally denied his right to trial by jury. ■We agree.

Appellant originally was indicted on two felony counts: unlawful possession of illegal documentation concerning alien status, 18 U.S.C. § 1426 , and unlawful re-entry into the United States, 8 U.S.C. § 1326 .

On the day of trial the prosecutor filed an information charging appellant with a misdemeanor of conspiring to elude an examination by immigration officers by making false and misleading representations, a violation of 18 U.S.C. § 371 and 8 U.S.C. § 1325 .

Appellant’s motion for a jury trial was denied, and, from the conviction by the Judge, and resulting judgment of six months sentence, he appeals.

Article III, Section 2, clause 3 of the Constitution provides that “[t]he Trial of all Crimes, except in Cases of Impeachment, shall be by Jury.” The Sixth Amendment of the Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed . . . ”

The government contends these provisions do not apply to a conspiracy to violate 8 U.S.C. §…