United States v. Alfredo Orozco-Santillan

Alfredo Orozco-Santillan appeals the district court’s denial of his motion for acquit tal and his conviction on three counts of threatening a federal law enforcement officer, in violation of 18 U.S.C. § 115 . We affirm.

I

The government indicted Alfredo Or-ozco-Santillan (“Orozco-Santillan”) on three counts of threatening to assault a federal law enforcement officer, in violation of 18 U.S.C. § 115 .

Count III is based on Orozco-Santillan’s statements to Immigration Naturalization Service (INS) Agent Daniel Vela (“Vela”) when Vela arrested and questioned him on June 17, 1987. Immediately prior to the statements, Vela, other INS agents, and police officers approached Orozco-Santillan and about fifteen other men at a Los Ange-les park, and asked them to form a line. Instead of complying with the request, Or-ozco-Santillan and others walked away. When asked to return, Orozco-Santillan hesitated, and two police officers led him back to the line.

Vela then questioned Orozco-Santillan, who was handcuffed and kneeling on the ground. Orozco-Santillan hesitated in his responses, but eventually admitted that he was a deportable alien. When Vela and Police Officer Earl Bevans (“Bevans”)…