United States v. Martin Alcantara-Castillo

788 F.3d 1186, 2015 U.S. App. LEXIS 9754, 2015 WL 3619853
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 11, 2015
Docket12-50477
StatusPublished
Cited by64 cases

This text of 788 F.3d 1186 (United States v. Martin Alcantara-Castillo) 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 v. Martin Alcantara-Castillo, 788 F.3d 1186, 2015 U.S. App. LEXIS 9754, 2015 WL 3619853 (9th Cir. 2015).

Opinions

Opinion by Judge WARDLAW; Dissent by Judge RAWLINSON.

OPINION

WARDLAW, Circuit Judge:

Martin Alcantara-Castillo (Alcantara) appeals his jury trial conviction for illegal reentry in violation of 8 U.S.C. § 1326. [1189]*1189Because the government’s improper cross-examination and argument deprived Alcan-tara of the fair trial guaranteed by the Due Process Clause, we reverse.

I.

On June 26, 2011, Border Patrol Agent Aaron Hunter responded to a report that a motion sensor had been activated approximately seven miles east of the Tecate port of entry. Searching the area, he found Alcantara lying next to an abandoned cargo container approximately one mile north of the Mexican border. Alcantara was carrying a backpack and was very dirty. Agent Hunter approached Alcantara, questioning him in Spanish. Alcantara admitted that he was a “citizen of Mexico and that he did not have any documents allowing him to be in the United States.”

Agent Hunter testified that as he escorted Alcantara toward the highway where he had parked his patrol car, Alcantara spontaneously began talking. According to Agent Hunter, Alcantara volunteered that he had crossed the border on foot the previous night with a group that had been chased by border patrol agents on all-terrain vehicles. Alcantara said he had become separated from the group and had decided to turn around and return to Mexico. As Agent Hunter and Alcantara returned to the highway, two other Border Patrol agents joined them. They searched Alcantara, finding empty bottles and food containers in his backpack.

On cross-examination, Agent Hunter acknowledged that he did not personally search Alcantara’s backpack, that he did not take an inventory of its contents, and that he could not specifically identify what was inside. Agent Hunter also testified that on the day of Alcantara’s arrest he provided information about the arrest to another agent who prepared an official report, after which Agent Hunter wrote a detailed addendum to the report. Neither of those documents contain any mention of Alcantara’s spontaneous admissions about crossing the border with a group, being chased by border patrol agents on all-terrain vehicles, and attempting to return to Mexico. Nor could Agent Hunter recall that he told anyone at all about these spontaneous statements until he met with prosecutors in preparation for Alcantara’s trial seven months after Alcantara’s arrest.

Border Patrol Agent Joseph Moore testified that the night before Alcantara’s arrest, he was notified that a group of nine aliens had been observed near the border. Four of the group had been apprehended immediately, but five had fled. Agent Moore searched the area and was able to apprehend four more aliens, but he could not locate the ninth member of the group, whose sex and identity were unknown.

Taking the witness stand, Alcantara testified that he had unknowingly entered the United States during a period of methamphetamine-induced psychosis. Border Patrol Agent Luis Martinez, who interviewed Alcantara shortly after his arrest, testified that pursuant to Border Patrol policy, he immediately terminated, that interview when Alcantara stated that he was under the influence of methamphetamine. However, Agent Martinez did not observe anything in Alcantara’s demeanor that led him to believe Alcantara was under the influence of methamphetamine, although Alcan-tara was hunched over during the interview.

Alcantara admitted that he had been addicted to methamphetamine since 1995 and used the drug daily, stopping only when he was incarcerated. On June 24, 2011, while high on methamphetamine, he impulsively decided to enter a rehabilitation program after talking with another methamphetamine user about a friend who had died three months earlier due to drug abuse. Alcantara went to a bus depot in [1190]*1190Tijuana, where he lived, early in the morning on June 25, for the purpose of traveling to a drug rehabilitation facility located in El Hongo, east of Tecate. Before boarding, however, he purchased some more methamphetamine near the bus depot in Tijuana.

Upon his arrival in Tecate, Alcantara decided to visit a friend who lived on the outskirts of the city to tell him that he was going to check into a rehabilitation clinic, but he never reached his friend’s home. While walking there along some railroad tracks, he encountered two men in a railroad tunnel with whom he began a conversation. Alcantara ended up smoking methamphetamine with these men — a larger quantity of methamphetamine than he had ever used before. Alcantara testified that he began to hallucinate, and that the next thing he remembered was walking down a road, seeing a small farm with some palm- trees,' picking up a bottle of water, and lying down next to a container of some sort. Without objection, the defense introduced a photograph of the railroad tunnel, and Alcantara- showed the jury where he had been walking, where the train tracks were, and where he stumbled upon the two men.

Alcantara thought he was on the road that goes from Tecate to Mexicali in Mexico. It was not until Agent Hunter approached and he saw Agent Hunter’s uniform that he realized he was in the United States. Alcantara acknowledged that he told Agent Hunter he was from Mexico, but did not remember saying anything else to him except to ask for water.

Two additional witnesses testified for the defense. A medical expert in addiction psychiatry who had interviewed Al-cantara opined that Alcantara was -severely methamphetamine dependent, based upon Alcantara’s description of his methamphetamine use. He further testified that people who use methamphetamine daily may suffer hallucinations, paranoia, and disorientation as to time and place, especially if they are also suffering from sleep deprivation, dehydration, or extreme heat. A defense investigator also testified that she had visited a drug rehabilitation facility in El Hongo, along the highway from Tecate to Mexicali, and had located a railroad tunnel near the border in the eastern outskirts of Tecate. The defense also introduced a photograph of a gap in the border fence near the site of Alcantara’s arrest.

The jury found Alcantara guilty, and the district court sentenced him to a forty-month term of imprisonment. Alcantara timely appealed.

II.

We have jurisdiction pursuant to 28 U.S.C. § 1291. Where the defendant has objected to alleged prosecutorial misconduct at trial, we review for harmless error.1 We view the challenged conduct “in the entire context of the trial,” and reverse “only if it appears more probable than not that prosecutorial misconduct materially affected the fairness of the trial.” Ruiz, 710 F.3d at 1082 (quoting Younger, 398 F.3d at 1190). Where the defendant has not objected to the alleged misconduct at trial, we review for plain error. We [1191]*1191may reverse if: (1) there was error; (2) it was plain; (3) it affected the defendant’s substantial rights; and (4) “viewed in the context of the entire trial, the impropriety seriously affected the fairness, integrity, or public reputation of judicial proceedings.” United States v. Combs, 379 F.3d 564, 568 (9th Cir.2004) (quoting United States v. Geston, 299 F.3d 1130, 1135 (9th Cir.2002)).

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Cite This Page — Counsel Stack

Bluebook (online)
788 F.3d 1186, 2015 U.S. App. LEXIS 9754, 2015 WL 3619853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-martin-alcantara-castillo-ca9-2015.