United States v. Alfredo Equihua-Juarez, AKA Jorge Perez-Magana, Martin Ramirez-Estrada

Alfredo Equihua-Juarez appeals his conviction, following a jury trial, for making a false material statement to a United States Border Patrol agent in violation of 18 U.S. C. § 1001. Equihua-Juarez made the false statement when he gave a false name, i.e., “Martin Ramirez-Estrada,” in response to a question asked by Border Patrol Agent Spruance during a postarrest interview. Equihua-Juarez contends that his false statement falls within the “exculpatory no” exception to section 1001. Specifically, Equihua-Juarez argues that stating his true name would have potentially incriminated him because Border Patrol Agency files on “Alfredo Equihua-Juarez” would have revealed prior convictions for illegal entry.

Because proof of such a prior conviction is an element of felony illegal entry, had Equihua-Juarez given his true name, he would have furnished a link in the chain of evidence leading to his prosecution and conviction for felony illegal entry. We reverse the § 1001 conviction.

FACTS AND PROCEEDINGS

On January 28, 1987, Equihua-Juarez was arrested by United States Border Patrol Agents Spruance and Steiner for having entered the United States illegally. Equihua-Juarez was taken to a…