United States District Court, E.D. Washington
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
T. RODGERS UNITED STATES MAGISTRATE JUDGE
MATTER was tried to the Court on July 11, 2019. All
six defendants were charged in each of the three counts of
the Amended Information.
Cesar Emmanuel Cabrera-Hoil, Victor Daniel Cetina-Chi,
Wilbert Rosendo Chan-Tun, Mauricio De Jesus Escobedo-Gamboa,
Angel Luis Gomez-Be, and Jorge Rafael Tzek-Perez were not
present and excused from attendance pursuant to Fed. R. Crim.
P. 43. Each defendant's lawyer was present throughout the
trial. The United States was represented by Assistant U.S.
Attorney Matthew F. Duggan.
to trial, all Defendant's moved to suppress statements
allegedly made to border patrol officers on the morning of
their arrest. The Court granted the motion in part.
United States presented testimony from Mr. Jason Fox, and
U.S. Border Patrol Agents Vincent Clark, Jose Flores, and
close of the United States' case, Defendants moved for a
judgment of acquittal on all counts pursuant to Fed. R. Crim.
P. 29. In open court the motion was granted with respect to
Count 3. By subsequent order, the Court granted the motion as
to Count 2. Accordingly, the only Count remaining in the case
is Count 1 of the Amended Information.
the argument on the Rule 29 motions, all defendants rested
without offering evidence. All parties presented argument.
order to show Defendants committed the crime of attempted
illegal entry under 8 U.S.C. § 1325(a)(1), as charged in
Count 1 of the Amended Information, the United States must
prove beyond a reasonable doubt (1) Defendants were not
citizens of the United States, (2) Defendants had the
specific intent to enter the United States free from official
restraint and without the express consent of the Attorney
General, and (3) Defendants committed an overt act that was a
substantial step towards entering without that consent.
United States v. Castillo-Mendez, 868 F.3d 830, 836
(9th Cir. 2017); United States v.
Lombera-Valdovinos, 429 F.3d 927, 928 (9th Cir. 2005).
Court now makes the following:
events took place at or near the Oroville, Washington Border
Patrol Station, within the boundaries of the Eastern District
of Washington. At all times the Oroville station was
“closed for entry, ” though apparently officers
were in the facility and on duty.
Sometime after 3:00 a.m. on March 28, 2019 a United States
Border Patrol Agent working at the Oroville, Washington
station noted a white minivan with its engine running at a
closed gas station convenience store on the United States
side of the border. As the agent approached, the van drove
Sometime after 5:00 a.m. the same agent noticed that same
white van, again at the closed gas station convenience store.
The van again moved away as the agent approached. The agent
stopped the van and spoke with the driver. The driver said he
was looking for work as a mechanic. The driver was detained.
surveillance camera operator observed six individuals
clustered on the Canadian side of the border, moving in and
out of a SUV vehicle and walking back and forth within a few
blocks' radius on the Canadian side of the border. These
six individuals were under visual observation from this ...