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Keywords

defendantdiscoverytrialbad faithjury instructions
defendantdiscoverytrialbad faithjury instructions

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Rivera-Relle; U.S. v.

Facts

On October 7, 2001, Border Patrol Agent Sarah C. Graving observed three individuals climbing the fence on the Mexican side of the border. After they crossed into the United States, Agent Graving radioed her observations to Agent Phillip M. Jacobs, who apprehended Rivera and two others in a field. Rivera, a citizen of Mexico, had previously been deported and was charged with attempting to enter the United States illegally. During pre-trial proceedings, Rivera sought discovery of a dispatch tape related to his arrest, but the government could not produce it as it had been destroyed after one month.

On October 7, 2001, Border Patrol Agent Sarah C. Graving observed three individuals climbing the fence on the Mexican side of the border. After they crossed into the United States, Agent Graving radioed her observations to Agent Phillip M. Jacobs, who apprehended Rivera and two others in a field. Rivera, a citizen of Mexico, had previously been deported and was charged with attempting to enter the United States illegally. During pre-trial proceedings, Rivera sought discovery of a dispatch tape related to his arrest, but the government could not produce it as it had been destroyed after one month.

Issue

Did the district court err in failing to instruct the jury that failure to complete an entry was an element of the crime of attempted entry under 8 U.S.C.S. 1326, and did it err in refusing to sanction the government for destroying a dispatch tape?

Did the district court err in failing to instruct the jury that failure to complete an entry was an element of the crime of attempted entry under 8 U.S.C.S. 1326, and did it err in refusing to sanction the government for destroying a dispatch tape?

Rule

A person may be convicted of an attempt to commit a crime even if that person may have actually completed the crime. The completion of an entry does not preclude a conviction for attempted entry.

A person may be convicted of an attempt to commit a crime even if that person may have actually completed the crime. The completion of an entry does not preclude a conviction for attempted entry.

Analysis

The court applied the rule by stating that the failure to complete an entry is not an element of the crime of attempted entry. It reasoned that allowing a defendant to avoid conviction based on the possibility of having completed the crime would lead to absurd results. The court also found that the district court did not err in refusing to sanction the government for the destruction of the dispatch tape, as there was no indication of bad faith and comparable evidence was available.

The court applied the rule by stating that the failure to complete an entry is not an element of the crime of attempted entry. It reasoned that allowing a defendant to avoid conviction based on the possibility of having completed the crime would lead to absurd results. The court also found that the district court did not err in refusing to sanction the government for the destruction of the dispatch tape, as there was no indication of bad faith and comparable evidence was available.

Conclusion

The court affirmed Rivera's conviction, concluding that the district court did not err in its jury instructions or in its handling of the dispatch tape issue.

The court affirmed Rivera's conviction, concluding that the district court did not err in its jury instructions or in its handling of the dispatch tape issue.

Who won?

The government prevailed in the case because the court found no merit in Rivera's arguments regarding jury instructions and the destruction of evidence.

The government prevailed in the case because the court found no merit in Rivera's arguments regarding jury instructions and the destruction of evidence.

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