United States v. David Urias

We affirm Urias’ judgment of conviction of transporting illegal aliens ( 8 U.S.C. § 1324 (aX2)). There was clearly sufficient evidence to support the jury’s verdict and there was no error in the district judge’s denial of the motion to suppress evidence.

The aliens, after first saying that they were from Mexico, admitted to the arresting officer that they were from El Salvador and had entered the country illegally. Both testified and identified Urias as the driver of the pickup truck in which they were found at the time of the arrests. They testified that before crossing the border they stayed in a hotel room in San Luis, Sonora, Mexico, and attempted to find someone who would drive them north. The appellant agreed to drive them to Los Angeles for $200 each. He knew there were Salvadoran and he had instructed them to say they were Mexican if they were stopped.

The arrests were made near a checkpoint on California State Highway 111, about 40 miles north of the international border. An experienced Border Patrol officer stationed at the checkpoint saw a green pickup-camper in a crosswise position on the highway; it had apparently turned to take a dirt road (the officer testified…