United States v. Hector Ramirez-Jiminez

I.

Appellant Hector Ramirez-Jiminez appeals from his jury conviction and sentence for two counts of transportation of illegal aliens in violation of 8 U.s.c. § 1324(a)(1)(B). Appellant was stopped at approximately 11:30 p.m. on July 11, 1990, by United States Border Patrol agents at the San clemente checkpoint. Agents noticed that the truck which Ramirez was driving was heavily loaded, and that he appeared nervous, sitting rigidly and staring straight ahead. Agents motioned for Ramirez to stop his truck. He at first ignored them, but then slowly came to a stop beyond where the agents were standing.

Ramirez provided the Border Patrol agents with a false name and claimed to be an American citizen. While walking to the back of the truck, a Border Patrol agent noticed that the outside walls of the cargo area of the truck were warm, indicating the possibility that the truck might contain human beings. A dog, trained to detect human odors, was summoned and alerted on the cargo area of the truck. Agents requested and were given permission to search the truck. Inside the cargo area they found 51 illegal aliens.

Appellant moved to dismiss the indictment based on the loss of testimonial…