596 F.3d 1166 (9th Cir. 2010), 09-10066, United States v. Molina

Docket Nº:09-10066.
Citation:596 F.3d 1166
Opinion Judge:HUG, Circuit Judge:
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Jesus Antonio MOLINA, Defendant-Appellant.
Attorney:S. Jonathan Young, Williamson & Young, P.C., Tucson, AZ, for the appellant. Michael D. Logalbo, Assistant U.S. Attorney, Tucson, AZ, for the appellee.
Judge Panel:Before: J. CLIFFORD WALLACE, PROCTER HUG, JR. and RICHARD R. CLIFTON, Circuit Judges.
Case Date:March 08, 2010
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 1166

596 F.3d 1166 (9th Cir. 2010)

UNITED STATES of America, Plaintiff-Appellee,

v.

Jesus Antonio MOLINA, Defendant-Appellant.

No. 09-10066.

United States Court of Appeals, Ninth Circuit.

March 8, 2010

Argued and Submitted Jan. 15, 2010.

Page 1167

S. Jonathan Young, Williamson & Young, P.C., Tucson, AZ, for the appellant.

Michael D. Logalbo, Assistant U.S. Attorney, Tucson, AZ, for the appellee.

Appeal from the United States District Court for the District of Arizona, Frank R. Zapata, District Judge, Presiding. D.C. No. 4:08-cr-00480-FRZ-JJM-1.

Before: J. CLIFFORD WALLACE, PROCTER HUG, JR. and RICHARD R. CLIFTON, Circuit Judges.

HUG, Circuit Judge:

Jesus Antonio Molina (" defendant" ) appeals the district court's admission of hearsay statements pursuant to a stipulation and the denial of his request for an adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(a). On March 7, 2008, the defendant was arrested and charged with two counts of transporting illegal aliens for profit in violation of 8 U.S.C. § 1324(a)(1)(A)(ii) and (B)(i). Two of the aliens transported by the defendant were caught and detained by the government as material witnesses in order to testify against the defendant.

On March 20, 2008, the government sent the defendant a plea agreement and a written stipulation. The plea agreement provided that the defendant agreed to

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plead guilty to transporting an illegal alien in violation of § 1324(a)(1)(A)(ii) and (B)(i). The stipulation focused on the two material witnesses being held by the government. A letter accompanying the plea agreement and stipulation stated that " [t]he purpose of the stipulation is to protect the government in the event your client accepts the plea offer and then changes their[sic] mind after the witness is released." The stipulation provided (1) that the two named witnesses were aliens who entered the United States illegally and were found in a car; (2) that the " government may elicit hearsay testimony from the arresting agents regarding any statements made by the above-referenced material witnesses contained in the disclosure, and such testimony shall be admitted as substantive evidence in any hearing or trial ...; " and (3) that " the parties jointly move for the release of the above-named material witnesses to the Department of Homeland Security for return to...

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