United States v. Hector Aceves-Rosales

Bad Law
832 F.2d 1155·1987 U.S. App. LEXIS 15119
United States Court of Appeals for the Ninth CircuitNovember 18, 198786-5324California1,427 words

Opinion

Opinion

A jury convicted the appellant of two counts of alien smuggling in violation of 8 U.S.C. § 1324 (a)(1), one count of assault with a deadly weapon, 18 U.S.C. § 111 , and one count of simple assault of federal agents, 18 U.S.C. § 1114 . We affirm.

Jurisdiction

Aceves-Rosales timely appeals from a criminal conviction rendered in the Southern District of California. The District Court has original jurisdiction under 18 U.S.C. § 3231. We have jurisdiction under 28 U.S.C. § 1291 .

Issues

I. Whether the trial court erred when it excluded a medical record that the appellant sought to introduce into evidence.

II. Whether the Government presented sufficient evidence to support the appellant’s conviction for assault with a deadly weapon.

Facts

About 6:00 a.m., June 22, 1986, U.S. Border Patrol Agent Perales observed Hector Aceves-Rosales driving an automobile northbound on Interstate 6 about two miles from the Mexican border. Inside were four other men whom Perales believed were illegal aliens.

Perales pulled alongside and then followed the auto. Aceves changed lanes several times, then abruptly turned off the freeway into a residential neighborhood where he tried to evade Perales.…

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