United States v. Esteban Pulido-Santoyo

Appellant was convicted of knowingly aiding and assisting an illegal alien to enter the country and assisting the alien to avoid apprehension in violation of 8 U.S.C. § 1325 and 18 U.S.C. §§ 2 , 3.

He asserts two claims of error: (1) that the stop of the pickup truck in which he was a passenger was not based on reasonable suspicion. The truck was being driven by the illegal alien, Guillermo Blanco, and was stopped by a Border Patrol agent who had seen it pass by minutes before going in the opposite direction with appellant as the only occupant. The Border Patrol agent and a partner were apprehending a group of illegal aliens in a notorious smuggling area known as Imperial Beach, and three aliens had just fled in the direction from which the truck was returning. Though the case is complicated by the fact that the stop took place in a populated area, Ninth Circuit law makes it apparent that the facts proved were sufficient to provide a reasonable suspicion that the truck was engaged in illegal activity.

Appellant also contends (2) that there was insufficient evidence to establish that he knew Guillermo was illegally in the country. Evidence existed which showed, however, that…