United States v. Anthony Espinoza, United States of America v. Jose De Jesus Oropeza-Briones

Anthony Espinoza and Jose de Jesus Or-opeza-Briones (Oropeza), appeal from a judgment of conviction of the offenses of conspiracy to smuggle, transport, conceal, harbor and shield the entry of aliens, in violation of 8 U.S.C. § 1324 and 18 U.S.C. § 371 , and of transportation of aliens, in violation of 8 U.S.C. § 1324 (a)(2). We affirm.

On August 21, 1977, border patrol agents Cruz and Martel drove to the residence of defendant Oropeza in Vista, California. As they drove up, defendant Espinoza was backing his car out of the driveway. He had with him a passenger, Manuel Fuentes-Diaz (Fuentes). Four other men of Latin appearance walked hurriedly toward the back of the house as the agents pulled behind Espinoza’s car.

Agent Cruz determined Fuentes to be an illegal alien and thereupon arrested Espinoza and Fuentes. Oropeza then exited the residence, identified himself as a resident alien and stated that he and Espinoza were good friends. While at Oropeza’s residence, the agents observed a reddish, wine-colored pickup on the premises.

During trial, Fuentes testified that he entered the United States the day before his arrest and that he lacked proper documentation. Before leaving…