United States v. Kaleena Morales

Kaleena Leah Morales appeals her convictions for one count of conspiracy to transport aliens who unlawfully came to or entered the United States, and three counts of transporting such aliens, in each case for private financial gain. See 8 U.S.C. § 1324 . Among other claims, she challenges the admissibility of certain forms filled out by Border Patrol agents in the field, which included statements by the smuggled aliens that they were in the United States illegally. We hold that the admission of the forms did not violate the Confrontation Clause, but the aliens’ admissions included in the forms were inadmissible hearsay. Nonetheless, this error was harmless because the erroneously admitted hearsay did not materially affect the verdict.

I

According to the evidence adduced at trial, on July 17, 2011, Morales picked up her friend Sharae Jakaub in order to clear up the title to a car Morales had recently purchased from Jakaub. While on the highway, Jakaub mentioned that she was broke and reminded Morales about a debt Morales owed to her. Morales proposed a deal: if Jakaub agreed to help her pick up five aliens who were in the country illegally, she would give Jakaub half of…