United States v. Javier Contreras-Diaz, United States of America v. Bernadette Marie Montes

An indictment was filed against defendants Contreras and Montes on August 24, 1977, charging them in one count with conspiracy to transport illegal aliens by transporting them in an automobile, in violation of 8 U.S.C. § 1324 (a)(2) and 18 U.S.C. § 371 ; in Counts II and III charging defendant Montes with transporting, and Contreras with aiding and abetting the transporting of illegal alien Jose Martinez-Diaz and illegal alien Roberto Castaneda-Rodriguez, respectively. In addition, in Count IV, Contreras was charged with entering the United States illegally in violation of 8 U.S.C. § 1325 . The two defendants moved to suppress certain evidence and statements. The suppression motion was heard and denied by Judge Nielsen on September 6, 1977. The court denied the suppression motion as to defendant Montes because of her failure to appear at the time set for the motion hearing (R.T. 7, 45). On September 15, 1977, Montes refiled her motion to suppress (C.T. 46). On October 3, 1977, defendant Contreras waived trial by jury and was tried on stipulated facts. He was found guilty of the conspiracy charged under Count One, and acquitted on the remaining three counts.

On November 7,1977,…