United States v. Sergio Tello-Carrillo

MEMORANDUM

Sergio Tello-Carrillo (“Tello”) appeals his conviction of 8 U.S.C. § 1324 (a)(2)(B)(ii) (Bringing in Illegal Aliens for Financial Gain) & 18 U.S.C. § 2 (Aiding and Abetting). Tello raises four challenges to his conviction. We reject each challenge and affirm.

1. Tello contends that the testimony of the Border Patrol agents raised the inference that he was identified as a foot guide on the day of the incident because he was already on a list of suspected foot guides. This inference, Tello argues, violated the district court’s pre-trial ruling and thus constituted prosecutorial misconduct. Tel-lo argues further that this inference violated his Confrontation Clause rights.

Tello’s challenge fails for three reasons. First, the record does not support Tello’s contention. Based on the totality of the agents’ testimony, a juror was just as likely, if not more likely, to believe that Tello was identified as a foot guide on the day of the incident because of his conduct that day, not because he was on a list of suspected foot guides. Second, Tello has failed to identify a viable legal basis for relief. The district court found that the government properly followed its…