United States v. Jose Amador-Galvan, AKA Jose Amador Pullido-Villarreal, United States of America v. Rodolfo Molina, Jr.

Jose Amador-Galvan and Rodolfo Molina were convicted of conspiracy to possess "with intent to distribute over five kilograms of cocaine in violation of 21 U.S.C. § 846 , and possession with intent to distribute 5 kilograms or more of cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(l)(A)(ii)(II).

This opinion addresses the district court’s refusal to disclose the identities of non-witness confidential informants and exclusion of expert witness testimony on the unreliability of eyewitness testimony. We address all other issues in a separate memorandum disposition.

FACTUAL AND PROCEDURAL BACKGROUND

On April 27, 1988, at around 11:00 a.m., Customs Inspector Rodolfo Molina, Jr. let a Ford LTD containing 661 pounds of cocaine pass through a primary inspection lane at the United States-Mexico border checkpoint at the Douglas, Arizona Port of Entry. In two formal statements given later to his employers, Molina described the driver of this car as a “gringo” about 25 years old, very light complected, who claimed to be a United States citizen and spoke perfect English with no trace of a Spanish accent, and whom Molina recognized from previous border crossings.

Customs…