United States v. Jose Luis Gonzales

The government appeals from a district court judgment of acquittal and the dismissal of an indictment which charged the defendants with eight counts of violating the immigration laws of the United States. We reject appellees’ contention that the government’s appeal is barred by the double jeopardy clause of the Fifth Amendment and remand the case for further proceedings.

I.

Factual Background

On March 31, 1978, nine individuals were indicted for violating the immigration laws of the United States. Count One of the Indictment charged all defendants with conspiracy to transport illegal aliens across the Mexican border into southern Arizona and thence to Los Angeles. Counts Two through Eight charged individual defendants with separate acts of harboring or transporting illegal aliens, and with aiding and abetting these offenses.

On April 4, 1978, the district court designated as material witnesses twelve illegal aliens who had been arrested with certain defendants and ordered them held on $5,000 corporate surety bonds. Three other illegal aliens had already been designated as material witnesses by a magistrate and ordered held on similar bonds. The trial judge ordered all counsel…