Arnold

United States v. Arnold

Good Law
3 F. App'x 614
United States Court of Appeals for the Ninth CircuitFebruary 7, 2001Nos. 99-50713, 99-50721, 99-50722California971 words

Opinion

Lead Opinion

MEMORANDUM

We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

A. Admission of Deported Aliens’ Hearsay Statements

The witnesses at issue were unavailable within the meaning of Federal Rule of Evidence 804 because they had been deported to Mexico and their whereabouts was unknown. 3 Moreover, the cir *616 cumstances under which these witnesses “were found strongly indicate that they are illegal aliens and that their statements [on the forms] acknowledging that they are illegal aliens are true.”

B. Deportation of Witnesses

The defendants have failed to show that the Government acted in bad faith in deporting the witnesses. The defendants’ due process and compulsory process claims therefore fail.

C. Expert Testimony

Agent Montes’ extensive experience and knowledge was more than sufficient to provide a reliable basis for his expert opinions. 6 Moreover, Agent Montes’ testimony regarding the modus operandi of alien smuggling and opinion regarding the evidence in the present case assisted the jury in understanding the evidence and determining whether the defendants were involved in smuggling aliens. 7 The district court did not abuse its discretion in allowing Agent…

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