United States v. Adriano B. Fierros, Ralph Anthony Perez, and Roberto Gonzales Fierros

Appellants were convicted of conspiracy to transport and harbor illegal aliens in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324 (a). On appeal they contend that the district court’s refusal to instruct the jury on their asserted ignorance of the law defense constituted reversible error. They also challenge the district court’s denial of their motion for judgment of acquittal. In addition, one appellant, Ralph Anthony Perez, contends that his indictment should have been dismissed because the release of material witnesses violated his due process rights. We affirm.

Facts

Adriano Fierros (“Adriano”) is a labor contractor who supplies workers to farms in the Madera, California area. He employed his father, Roberto Fierros (“Roberto”), and Ralph Perez as foremen. Anticipating a substantial demand for workers during the tomato harvest, Adriano contracted with Andres Guillen for the-transportation of workers to Madera. Adriano told Guillen he preferred workers from the Mexican state of Oaxaca. It was agreed that if Guillen brought Oaxacans who could not pay the entire $80-$ 100 transportation fee, Adriano would pay Guillen the balance upon delivery. Adriano also agreed to deduct any…