United States v. Vapsi Akiram Salas-Camacho

Vapsi Akiram Salas-Camacho appeals his conviction for smuggling goods into the United States, in violation of 18 U.S.C. § 545 , and making two false denials that he was bringing merchandise into this country, in violation of 18 U.S.C. § 1001 . He claims that because he declared the goods at the secondary inspection station, he cannot be convicted of smuggling. He also argues the district court erred in rejecting jury instructions to that effect. We need also to decide if the appellant can be convicted twice of making the same denial to Customs officials. We affirm.

BACKGROUND

On May 4, 1987, Salas-Camacho attempted to enter the United States from Mexico at the port of entry at San Ysidro, California. He was driving a white Chevrolet pickup truck and was accompanied by a friend. He stopped at the primary inspection station and customs inspector Thomas Morin asked the appellant his citizenship, where he lived, how long he had been in Mexico, and if he was bringing anything back from Mexico. He replied that he had made no purchases and was not bringing anything with him from Mexico. Appellant also volunteered information which had not been requested by Inspector Morin and appeared…