UNITED STATES of America, Plaintiff-Appellee, v. Maria Leticia Ruiz DE CRUZ, Defendant-Appellant

82 F.3d 856, 96 Cal. Daily Op. Serv. 3030, 96 Daily Journal DAR 5042, 1996 U.S. App. LEXIS 10002, 1996 WL 210635
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 1, 1996
Docket95-50095
StatusPublished
Cited by111 cases

This text of 82 F.3d 856 (UNITED STATES of America, Plaintiff-Appellee, v. Maria Leticia Ruiz DE CRUZ, Defendant-Appellant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
UNITED STATES of America, Plaintiff-Appellee, v. Maria Leticia Ruiz DE CRUZ, Defendant-Appellant, 82 F.3d 856, 96 Cal. Daily Op. Serv. 3030, 96 Daily Journal DAR 5042, 1996 U.S. App. LEXIS 10002, 1996 WL 210635 (9th Cir. 1996).

Opinion

T.G. NELSON, Circuit Judge:

OVERVIEW

The defendant, Maria Leticia Ruiz de Cruz, appeals her jury conviction of knowingly accepting and receiving counterfeit immigration documents as evidence of employment authorization in violation of 18 U.S.C. § 1546. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

FACTS AND PROCEDURAL HISTORY

Defendant was employed by a group of medical clinics in Southern California known as “Clínica Medica Familiar” (“CMF”) from 1989 until 1993. She began working for CMF as an assistant clinic manager and was eventually promoted to the position of general administrator of the clinics. There were a total of seven clinics that defendant was responsible for supervising.

On May 8, 1991, defendant hired Dr. Aida Bernal, an anesthesiologist, to work at CMF as a medical assistant. Dr. Bernal is a citizen of Mexico who entered the United States on a tourist visa which did not authorize her to have employment in the United States. On March 31, 1993, after working for CMF for almost two years, Dr. Bernal’s employment was terminated because she was unable to present CMF with adequate documentation for work authorization. In April 1993, Dr. Bernal was rehired by defendant after she presented defendant with a valid social security card in the name of Lourdes Cardenas. Approximately one month later, Dr. Bernal was again terminated after the personnel department at CMF found out that she was working under a false name.

Dr. Victor Campos, a medical doctor who is a resident of Mexico, began working for CMF in June 1991. Dr. Campos entered the United States on a tourist visa and did not have work authorization papers. About fifteen days after he was hired, Dr. Campos met with the defendant. Defendant told him to go to the personnel department and hand in the appropriate documentation for work authorization.

On August 4, 1994, defendant was indicted for knowingly accepting or receiving counterfeit immigration documents as evidence of employment authorization in violation of 18 U.S.C. § 1546 (counts one through thirteen of the indictment), knowingly encouraging an alien to remain in the United States in violation of 8 U.S.C. § 1324(a)(1)(D) (counts fourteen and fifteen of the indictment) and causing a false social security number to be presented with the intent to deceive in violation of 42 U.S.C. § 408(a)(7)(B) (count sixteen of the indictment).

*860 On September 19, 1994, the district court set a trial date of November 8, 1994. On October 14, 1994, defendant filed a series of motions, seeking, among other things: (1) a continuance of trial; (2) dismissal of the indictment for prosecutorial misconduct and abuse of process; (3) dismissal of counts fourteen and fifteen of the indictment; and (4) discovery.

On November 1, 1994, the district court denied the requested continuance, granted the motion to dismiss counts fourteen and fifteen, and took the discovery issues under consideration. On November 3, 1994, the district court denied the defendant’s motion to dismiss the indictment for prosecutorial misconduct and abuse of process, and granted defendant’s motion for discovery, ordering the Government to produce certain files of the United States Department of Labor requested by defendant.

The trial began as scheduled on November 8, 1994. At trial, the Government called a number of current and former clinic employees as witnesses, including Dr. Bernal and Dr. Campos. 1

Following trial, only three counts of the original indictment were left before the jury. 2 The jury convicted defendant of two counts of knowingly accepting or receiving counterfeit immigration documents as evidence of employment authorization in violation of 18 U.S.C. § 1646, as charged in counts six and thirteen of the indictment. The jury acquitted defendant of the charge of causing a false social security number to be presented with the intent to deceive in violation of 42 U.S.C. § 408(a)(7)(B) as charged in count sixteen.

On November 28, 1994, defendant made a motion for a new trial. The district court denied the motion.

On February 13, 1995, the district court held a sentencing hearing. The district court sentenced defendant to a term of probation for three years on each of counts six and thirteen, to be served concurrently, as well as a fine of $1,500 and a special assessment of $100.

Defendant timely appeals her conviction and the district court’s denial of her motion for a new trial. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

ANALYSIS

A. Denial of Motions to Continue Trial

1. Standard of Review

Denial of a motion to continue a trial is reviewed for abuse of discretion. United States v. Torres-Rodriguez, 930 F.2d 1375, 1383 (9th Cir.1991). An abuse of discretion will be found only where “denial of the continuance was arbitrary or unreasonable.” Id. “To demonstrate reversible error, the defendant must show that the denial resulted in actual prejudice to [her] defense.” United States v. Mitchell, 744 F.2d 701, 704 (9th Cir.1984).

2. Denial of Motion to Continue Until After Election Day

Defendant argues that the district court erred in denying her motion to continue the trial until after election day because a continuance was necessary to prevent the jury from being unfairly swayed by highly inflammatory and negative propaganda against illegal immigrants. 3 We reject this argument.

First, the district court’s denial of defendant’s motion was not arbitrary or unreasonable. The district court stated that it understood that the trial was scheduled to start on election day. However, the district court pointed out that the immigration issue was going to be around for a “long, long time” and that the case had to be tried sometime. The district court believed that voir dire would be more than enough to take care of any danger of potential bias. Thus, the court *861

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82 F.3d 856, 96 Cal. Daily Op. Serv. 3030, 96 Daily Journal DAR 5042, 1996 U.S. App. LEXIS 10002, 1996 WL 210635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-plaintiff-appellee-v-maria-leticia-ruiz-de-ca9-1996.