United States v. Miguel Vasquez-Cazares

This is an appeal from a conviction for conspiracy to smuggle aliens into the United States in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324 . Appellant claims the border patrol agents who apprehended him lacked founded suspicion to stop his vehicle and, in any case, there was insufficient evidence to sustain his conviction. We affirm.

On February 28, 1977, at approximately 5:45 p. m. while traveling south on Pala Road, which circumvents the Temecula Border Patrol checkpoint and is frequented by alien smugglers, Border Patrol Agent Stephen McDiarmid observed a white 1965 Chevrolet, California license No. SQZ 491, traveling in the opposite direction. Because the description and license number of the car matched those of a vehicle an anonymous informant had observed earlier that day loading several illegal aliens, Agent McDiarmid turned around, followed the Chevrolet, and radioed an alert to Border Patrol Agent John Krupa, stationed northward at the intersection of Pala and Rainbow Canyon Roads. As the Chevrolet approached Agent Krupa’s position, Krupa noted that the driver, a male Latin, avoided eye contact, although the patrol car lay directly in his line of vision. As the…