United States v. Noriega-Perez
670 F.3d 1033
9th Cir.2012Background
- Noriega-Perez was convicted by jury on counts including conspiracy to bring illegal aliens for financial gain, conspiracy to harbor illegal aliens, and numerous aiding-and-abetting counts tied to 18 named material witnesses.
- Two Noriega properties near the U.S.-Mexico border were used as load houses to harbor recently arrived aliens for smuggling organizations.
- ICE raids recovered dozens of aliens at both properties; 18 material witnesses were named in the indictment, eight testified at trial.
- Government argued alienage for non-testifying witnesses could be inferred from evidence of the eight testifying witnesses and roundly from the load-house context.
- Noriega challenged sufficiency on alienage for non-testifying witnesses and on aiding-and-abetting liability under Lopez for cross-border transportation, raising a nexus issue.
- District court sentenced Noriega to sixty months on each count, running concurrently; the Ninth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of alienage for non-testifying witnesses | Tsai inference supports alienage for non-testifying witnesses | Alienage must be proven for each named alien; burden is on Government | Sufficient evidence of alienage for non-testifying witnesses |
| Aiding and abetting a cross-border transportation under Lopez | Load houses linked to aliens before termination; nexus shown | Pre-termination nexus lacking for some aliens; post-termination presence insufficient | Evidence linked Noriega to cross-border transportation for named aliens; convictions affirmed |
Key Cases Cited
- United States v. Tsai, 282 F.3d 690 (9th Cir. 2002) (infer alienage from similarly situated witnesses)
- United States v. Reyes-Bosque, 596 F.3d 1017 (9th Cir. 2010) (load-house nexus supports aiding and abetting before termination)
- United States v. Hernandez-Orellana, 539 F.3d 994 (9th Cir. 2008) (general smuggling evidence must link to specific aliens pre-termination)
- United States v. Lopez, 484 F.3d 1186 (9th Cir. 2007) (en banc; establishes termination at drop-off location; defines 'brings to' liability)
- United States v. Camacho-Davalos, 468 F.2d 1382 (9th Cir. 1972) (insufficient alienage evidence where factual pattern resembles ordinary citizens)
- United States v. Singh, 532 F.3d 1053 (9th Cir. 2008) (general participation insufficient without nexus to specific alien pre-termination)