United States v. Pilar Vasquez-Gonzales
Opinion
Opinion
Boochever, J.
Vasquez-Gonzales was charged with transporting illegal aliens. The district court dismissed the indictment pursuant to United States v. Mendez-Rodriguez, 450 F.2d 1 (9th Cir. 1971), based on the government’s deportation of certain aliens, whom the court found to be potential material witnesses. Because we have concluded that the court erred in making that finding, we reverse.
FACTS
On February 10, 1980, Boarder Patrol agents commenced surveillance of the Longhorn Motel in Douglas, Arizona. About 7:00 a.m. the next day they arrested eight illegal immigrants who were occupants of room 6 of the motel.
As the agents were leaving the motel area about 7:20 a.m., a taxi pulled up. The agents asked the driver if he had picked up anyone at the motel the previous day. He indicated that he had transported a group of aliens from room 6 of the Longhorn Motel in Douglas to room 41 of Motel 6 in Tucson.
The agents then took the aliens, who were in their custody, to the Border Patrol station in Douglas, arriving about 7:45 a.m. One of the agents, Esteban Roman, called another agent in Tucson, Manuel Escobedo, about 8:35 a.m., and told him about the information received from the taxi driver.…