United States v. Esteban Duran Longoria, United States of America v. Esteban Duran Longoria

On May 22, 1977, appellant Esteban Duran Longoria was indicted by a federal grand jury on eight counts of having transported illegal aliens, and of conspiracy to transport illegal aliens. Longoria was convicted of these charges and sentenced to three years in prison. The last two and one-half years of this sentence were suspended and Longoria was placed on three years probation.

On May 9, 1979, the government filed a petition to revoke appellant’s probation after he was again arrested for transporting illegal aliens in his taxicab. A combined revocation hearing and motion to suppress was heard and on May 30, 1979, the district court revoked Longoria’s probation and denied his motion to suppress. Consequently, on June 19, 1979, the district court entered an order committing Longoria to the custody of the Attorney General for sixteen months. Defendant filed a timely notice of appeal.

The government then proceeded to try Longoria on two counts of alien transportation resulting from the May 9 arrest. Prior to trial the district court announced that it would allow the government to introduce evidence of Longoria’s 1977 alien transportation conviction. The district court also denied a…