United States v. Alejandra Carpio, United States of America v. Robert Carpio

These are consolidated appeals from judgments of conviction under a five-count indictment charging one violation of 18 U.S.C. § 371 (conspiracy to violate 8 U.S.C. §§ 1324 (a)(1) and (2)) and four violations of 8 U.S.C. § 1324 (a)(2) (knowingly transporting aliens within the United States). Alejandra Carpió was convicted on the conspiracy count and on two of the three substantive counts in which she was named. She received concurrent two-year sentences for each conviction. Robert Carpió also was convicted on the conspiracy count for which he received a two-year sentence. He was acquitted on the two substantive counts in which he was named. On appeal, both appellants contend that their convictions are based on insufficient evidence. Alejandra Carpió also raises several evidentiary questions.

I. Facts.

Anthony Freeze, the central figure in the alleged conspiracy, was the Government’s principal witness. He described the operation of his smuggling scheme and the extent of his contacts with appellants.

In the latter part of 1973, Freeze met with Alejandra Carpió to discuss the transportation of aliens from the Mesa-Chandler area of Arizona to Chicago, Illinois. They decided that she…