United States v. Jose Ramirez-Ramirez

BACKGROUND

Nuñez is a native and citizen of Honduras. On January 7, 2020, he was discovered by Border Patrol agents in a remote section of the Arizona desert about seventy miles north of the Mexican border. He was apprehended with three other men, and three backpacks full of marijuana were found under a tree nearby. Nuñez was indicted for conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846 and possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(D). Nuñez waived his right to a jury trial, and a one-day bench trial was held on January 27, 2021. The parties stipulated that Nuñez had crossed the border without authorization, in the company of three other men, while carrying a backpack of marijuana. Nuñez, however, argued that he had only done so under duress after he was captured by assassins and forced to smuggle the drugs.

At the close of the trial, defense counsel urged the district court to review the video and transcript of Nuñez’s interview with Border Patrol agents. The court agreed and said that it

UNITED STATES V. RAMIREZ-RAMIREZ

did not plan to announce a decision…