United States v. Raul Vasquez-Ramirez, T/n Eduardo Antonio Durate

The United States has appealed from an order suppressing two unsigned depositions of material witnesses. We affirm.

Raul Vasquez-Ramirez (Vasquez) was arrested at the San Clemente checkpoint on June 14, 1979, for transporting two undocumented Mexican aliens. On June 20, 1979 a grand jury returned a three count indictment-two counts charging transportation of illegal aliens in violation of 8 U.S.C. § 1324 (a)(2), and the third count charging a false claim of United States citizenship, in violation of 18 U.S.C. § 911 . Vasquez denied knowing that the two persons he picked up were aliens who had crossed into the United States illegally and denied there had been any discussion as to payment of money for their transportation.

Pursuant to the requirements of United States v. Mendez-Rodriguez, 450 F.2d 1 (9 Cir. 1971), the two aliens were kept in custody as material witnesses. By order of the United States Magistrate their depositions were taken on June 29, 1979. Present at the taking of the depositions were an assistant United States Attorney, Vasquez and his attorney, the United States Marshal, an attorney for the witnesses, and the court reporter. On July 2, 1979, before the…