United States v. Esparza

791 F.3d 1067 (9th Cir. 2015)

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Nature of the Case

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Facts

D moved with his family from California to Tijuana, Mexico. D attempted to enter the United States. At the border checkpoint, a narcotics dog alerted to the car's gas tank. D claimed that the car belonged to a friend, Julio. The registration document showed that the registered owner was Diana Hernandez, a resident of California, not a person named Julio. Police found 50 kilograms of marijuana hidden in the gas tank and the dashboard. At trial, the only contested issue was the critical fact of D's knowledge, and specifically who actually owned the car D was driving. Diana Hernandez was the car's registered owner. P did not call Hernandez and P introduced two hearsay documents containing Hernandez's statement that she had sold the car to D six days before his arrest. Hernandez made this statement to the California Department of Motor Vehicles ('DMV') only after she was notified that her car had been seized for smuggling drugs. P used Hernandez's statement as proof that D owned the car, and therefore knew about the hidden drugs. D claimed that he borrowed the car from a friend to visit his children. The DMV Printout reflects Hernandez's out-of-court statement that she sold the Chevy Lumina to D on February 13, 2011. D argued that the two documents should be excluded on the grounds that Hernandez's statement was inadmissible hearsay, and its admission would violate the Confrontation Clause. P indicated Hernandez would testify at trial. P decided not to call Hernandez as a witness. Special Agent Dina Glaze testified at length about Hernandez's hearsay statement that she had sold the car to D, as reflected on the DMV Printout, which the court admitted over D's renewed objection. D was convicted and appealed.