United States v. Jose Reyes-Oropesa

Appellant Reyes-Oropesa appeals from his conviction for 8 U.S.C. § 1325 (3), misdemeanor illegal entry. Appellant received a sixty-day sentence which he served while awaiting trial.

Agents of the United States Border Patrol received confidential information about an individual residing as an illegal alien in Tucson, Arizona. The tip included a description of the individual, the garage where he worked, and the name he was using. According to the information, the individual was also carrying a forged 1-151 resident alien card. Acting on the tip, border patrol agents went to the garage and found appellant, who fit the above description. When questioned by one of the agents, appellant stated that he was not an American citizen but produced a resident alien card. The agent examined the card and determined that it was forged. Appellant was placed under arrest and transported to the border patrol station for questioning. After being advised of his rights, appellant admitted that he purchased the card in Mexico in 1963 and had used it on numerous occasions to cross the border into the United States.

On appeal, appellant makes three contentions. First, he argues that there was no…