United States v. Jodene Lee Carnes

In this appeal from the United States District Court for the District of Arizona, appellant challenges the trial court’s orders denying motions for judgment of acquittal and to dismiss an indictment and its denial of a motion to strike certain testimony in a criminal proceeding.

Appellant was indicted in the District of Arizona on May 15,1979, on three counts of knowingly and intentionally transporting illegal aliens within the United States, in violation of 8 U.S.C. § 1324 (a)(2). On June 27, 1979, a jury trial was held. When the Government rested, appellant moved to strike the testimony of three Spanish- speaking witnesses (Gil-Arteaga, Ruiz-Vargas and Lopez-Silva) who were named in the indictment as transported aliens, and moved under Rule 29, F.R.Cr.P. for judgment of acquittal because of insufficient evidence. The court denied both motions. The jury failed to reach a verdict, and a mistrial was declared. Following an extension granted by the Court on June 29, appellant filed a renewed motion for judgment of acquittal and, in the alternative, to dismiss the indictment. She contended that there was insufficient evidence to connect her with the three Spanish-speaking witnesses…