United States v. Ricardo Valenzuela-Bernal

Ricardo Valenzuela-Bernal was indicted for transporting illegal aliens. He moved to dismiss the indictment on the grounds that the Government violated his Fifth and Sixth Amendment rights by deporting several alien eyewitnesses without affording him an opportunity to interview them. The district court denied his motion; Bernal was convicted. We reverse.

FACTS

Valenzuela-Bernal (Bernal), a Mexican citizen, entered the United States without inspection on March 23, 1980. After his entry, Bernal was picked up by a “pollero” (a professional alien smuggler) and taken to a house in Escondido, California, where Bernal remained for six days. On March 30, Bernal, as the driver, and five other persons left the house by car en route to Los Angeles. As the car approached Teme-cula, California, Bernal, and presumably the passengers, saw a manned Border Patrol checkpoint. Bernal slowed the car to about five miles per hour. The border patrol agent spotted people lying on the floor of the car and signaled Bernal to stop. Bernal accelerated and the border patrol agents then pursued him. After a high speed chase on Interstate 15, Bernal stopped the car. He and the other occupants scrambled out of…