Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 1 of 51 1 UNITED STATES DISTRICT COURT 2 FOR THE WESTERN DISTRICT OF TEXAS 3 U.S. MAGISTRATE JUDGE 4 EL PASO DIVISION 5 UNITED STATES OF AMERICA ) 6 vs. ) 7 ELBA LUZ DOMINGUEZ-PORTILLO ) No. EP:17-MJ-04409-MAT 8 MAYNOR ALONSO CLAUDINO LOPEZ ) EP:17-MJ-04456-MAT 9 JOSE FRANCIS YANES-MANCIA ) EP:17-MJ-04461-MAT 10 NATIVIDAD ZAVALA-ZAVALA ) EP:17-MJ-04462-MAT 11 BLANCA NIEVE VASQUEZ-HERNANDEZ) ------------------------------- EP:17-MJ-04499-MAT 12 13 BENCH TRIAL and SENTENCING 14 Before the Honorable Miguel A. Torres 1 15 16 17 18 19 A P P E A R A N C E S: ---------------------FOR THE GOVERNMENT: MR. DOUGLAS RENNIE MS. NOEMI LOPEZ ----------------------Assistant United States Attorney 700 E. San Antonio Avenue, Suite 200 El Paso, Texas 79901 20 21 22 23 24 25 FOR DEFENDANT: MR. SERGIO GARCIA ----------------------700 E. San Antonio, Suite D-401 El Paso, Texas 79901 Proceedings reported by stenotype. computer-aided transcription. Transcript produced by Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 2 of 51 1 THE COURT: 2 Good afternoon, the Court calls the 2 following case for trial, EP:17-M-4409, the United States 3 versus Elba Luz Dominguez-Portillo. 4 5 6 May I have announcements, please. MS. LOPEZ: Douglas Rennie for the United States. 7 THE COURT: 8 MR. GARCIA: 9 10 11 12 Good afternoon, Noemi Lopez and Good afternoon. Good afternoon, Judge, Sergio Garcia on behalf of Ms. Dominguez-Portillo, ready to proceed, Judge. THE COURT: Good afternoon. I guess a few housekeeping things before we proceed with trial. Is there any other matters with regard to the motion to 13 dismiss that the Defendant wishes to raise? 14 last week, evidentiary hearing, and I announced at that time 15 that I would be denying the motion, and obviously an order is 16 pending on that, but is there anything else you want to raise, 17 Mr. Garcia? 18 MR. GARCIA: Yes, Judge. We had a hearing Briefly, I would like, for 19 the record, I would at this time like to renew our motion to 20 dismiss based on oral arguments made in that motion and oral 21 arguments made at the hearing on that motion. 22 THE COURT: Very well. I am denying the motion. I 23 understand you are raising a number of non-issues of law, and 24 obviously it is only fair to you and to the Government to get 25 an order out as soon as possible. It is my goal to have an Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 3 of 51 3 1 order out next week, and I promised to be diligent and get that 2 out as soon as possible. 3 Having said that, we also had set, and you can have a seat, 4 Mr. Garcia, we had also -- I had issued an order yesterday 5 morning regarding the Government's request for a 6 Lafler-Frye Hearing regarding -- we discussed the matter 7 before. 8 Government to each of the Defendants, and the Government had 9 made this request for a Lafler-Frye Hearing. 10 11 Is the Government persisting in that request or is it withdrawing that request at this time? 12 13 MS. LOPEZ: That's correct, Your Honor. The Government withdraws its request for the Lafler-Frye Hearing. 14 15 There was a plea agreement that was offered by the THE COURT: Very well. Mr. Garcia, your client waived arraignment on these charges 16 and is charged with illegal entry pursuant to 8 USC 1325. 17 waived arraignment in which the form indicates that she is 18 entering a plea of not guilty. 19 She Is your client persisting in that plea of not guilty, and 20 are you entering a plea of not guilty at this time on behalf of 21 Ms. Dominguez-Portillo? 22 23 24 25 MR. GARCIA: Yes, at this time we enter a plea of not guilty. THE COURT: Okay, very well. I'll ask you do you wish to have your client sitting at Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 4 of 51 1 counsel table? 2 3 6 It is up to you. MR. GARCIA: No, I think it would be better that way, Judge. 4 5 THE COURT: Fine with me. Very well. Well, I guess -- anything else we need to take up at this time before we get into the trial, Ms. Lopez? 7 MS. LOPEZ: No, Your Honor. 8 THE COURT: Anything else, Mr. Garcia? 9 MR. GARCIA: No, Judge. 10 THE COURT: Do the parties waive opening? 11 MS. LOPEZ: Yes, Your Honor. 12 MR. GARCIA: We do, Judge. 13 THE COURT: 14 4 Very well. Let's go to the Government. 15 have any evidence to present? 16 MS. LOPEZ: Do you call any witnesses or Your Honor, the parties have agreed to 17 enter into stipulated facts, and we also present stipulated 18 evidence in lieu of calling witnesses and presenting evidence. 19 20 THE COURT: first. Let's start off with the stipulation Is there a document that you have? 21 MS. LOPEZ: Yes, Your Honor. 22 THE COURT: I am noticing also the stipulation of 23 facts contains or references a joint exhibit list and 24 identifies each of the exhibits that you will be presenting 25 also that are in the binder; is that correct? Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 5 of 51 1 MS. LOPEZ: That's correct, Your Honor. 2 THE COURT: Let me go to the Defense. 3 5 The stipulation of facts you have entered into an agreement 4 of these facts, and you have explained all of this to your 5 client? 6 MR. GARCIA: 7 THE COURT: 8 MR. GARCIA: 9 THE COURT: 10 That is correct, Judge. I will ask your client briefly -Ms. Dominguez. She is fine right there, that's okay. Ms. Dominguez-Portillo, I have a document here that is 11 called a stipulation of facts. 12 as well as the signature of your attorney and the signature of 13 the lawyer for the Government. 14 summary of certain facts that the parties agree are not in 15 dispute in this case. 16 17 The document has your signature Basically, it is a brief Was all of this explained to you by your attorney before you signed it, ma'am? 18 DEFENDANT DOMINGUEZ: 19 THE COURT: Yes. Very well. So, I'll tell you what -- 20 well, the stipulation is admitted into the record. 21 call it Government A. 22 a Government or it is both Government and Defense evidence, but 23 I will call it Government A since you are presenting it here. 24 25 I will just I was thinking it is really not neither Now, we have additional evidence; is that correct? MS. LOPEZ: That's correct, Your Honor. Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 6 of 51 1 2 THE COURT: 6 Chris, will you hold on to these, please, and keep them? 3 MS. LOPEZ: May I approach, Your Honor? 4 THE COURT: You may. Alright, and I have the 5 Government has presented a binder with the case style on it. 6 It has Exhibit A, B, C, D, E, F, G, and H. 7 8 9 10 You had the opportunity to review this, Mr. Garcia? MR. GARCIA: Yes, Judge. Those are joint stipulations, yes, I did. THE COURT: Again, for the record, the shorthand 11 identification of what each of the exhibits represent is 12 referenced to the stipulation that was just admitted by the 13 Court and so there is no objection. 14 MR. GARCIA: 15 THE COURT: No objection, Judge. Exhibits -- Government's Exhibit -- I just 16 called it stipulated Government's Exhibit A. 17 by letters. 18 No. 1, and I will admit Government's Exhibits A, B, C, D, E, F, 19 G, and H for the record. 20 21 These are marked I'll call it the stipulation, Government Exhibit Very well, and is there any other evidence or any witnesses that the Government wishes to present? 22 MS. LOPEZ: No, Your Honor. 23 THE COURT: Does the Government rest at this time? 24 MS. LOPEZ: It does. 25 THE COURT: Does the Defense have a motion? Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 7 of 51 1 MR. GARCIA: 2 THE COURT: 3 4 rested. 7 Judge, may we approach for a second? Yes, of course. The Government has Yes, sir, go ahead. MR. GARCIA: I just spoke to the Government, Judge, 5 and they are going to proceed the way we agreed. 6 to present her argument. She is going 7 THE COURT: Okay, go ahead. 8 MS. LOPEZ: Your Honor, the Government rests, and the 9 10 Government has no further argument. THE COURT: Very well. 11 Go ahead, Mr. Garcia. 12 MR. GARCIA: Judge, at this point, we move for a 13 judgment of acquittal under Rule 29 based on the Government's 14 failure to prove each and every element for the crime based on 15 the entire record in this case, and we incorporate by reference 16 all documents, evidence, transcripts, and orders in this case 17 including, but not limited to, our motion to dismiss and 18 argument made at the hearing on the motion to dismiss and also 19 all the evidence presented at trial. 20 21 22 23 THE COURT: Very well. Is there any response? MR. RENNIE: Your Honor, we rely on our motion, the opposition, that we filed on November 20th. 24 THE COURT: 25 MR. RENNIE: Very well. The stipulated evidence presented. Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 8 of 51 1 2 THE COURT: Your Rule 29 motion is denied. Let me ask you, do you have any witnesses or evidence, sir? 3 4 Yes, sir. MR. GARCIA: No, Judge. It is just a brief argument, and then I will rest. 5 THE COURT: 6 MR. GARCIA: Go ahead. Judge, my clients left their countries 7 each with a minor child or grandchild escaping horrible 8 violence in their Central American countries. 9 8 As we previously explained at the hearing in our motion to 10 dismiss, key material witnesses, the children, are missing 11 here. 12 Information as to the whereabouts of these material witnesses 13 was not provided anywhere in the discovery, and these witnesses 14 under the Government's [inaudible] are exculpatory regarding 15 the Defendants well founded fear for leaving their country and 16 being forced to come here with no alternative to seek safety to 17 avoid the harm. 18 The parties stipulated exhibits support that claim. The fact that these children, the key material witnesses, 19 are missing is a violation of due process rights for a trial 20 and of their right against defendants right against self 21 incrimination. 22 order to establish their defense and so there is prejudice. 23 One constitutional right should not have to be surrendered in 24 order to assert another one. 25 It forces the defendants to take the stand in As we have proven at every stage, Judge, in this Court, the Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 9 of 51 1 2 9 Government's conduct here is outrageous and in bad faith. With that, we rest, and we would like to renew at this time 3 a Rule 29 motion, judgment of acquittal under Rule 29 based on 4 the Government's failure to prove each and every element of the 5 crime based on the entire record in this case, and we 6 incorporate by reference all documents, evidence, transcripts, 7 and orders in this case including, but not limited to, our 8 motion to dismiss, and arguments made at the hearing of the 9 motion to dismiss, and also all the evidence and arguments 10 presented at trial. 11 THE COURT: 12 13 And your Rule 29 motion is denied. Does the Government close? 14 MR. RENNIE: 15 THE COURT: 16 Thank you. Yes, Your Honor. Very well. Let me ask, and you're closing? 17 MR. GARCIA: We rest. 18 THE COURT: 19 MR. GARCIA: We already closed. 20 THE COURT: Any closing argument? 21 MR. RENNIE: You rest and you close? Yes. Your Honor, the stipulations and 22 stipulated exhibits in these cases show the elements of the 23 improper entry by an alien charge are satisfied in these cases. 24 On the dates alleged in the indictments, which in these five 25 cases were are October 21, 22, 23, each Defendant entered the Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 10 of 51 10 1 United States by crossing the Rio Grande River into 2 El Paso, Texas at a place not designated as a port of entry by 3 immigration officers. 4 distance away to see the nearest port of entry where they could 5 have presented themselves for inspection, but they didn't do 6 that. 7 In some cases, they were close enough It also bears noting that despite the claims of outrageous 8 conduct here, the Government played absolutely no role in the 9 Defendants decision to enter where they did or their decisions 10 to enter along with juveniles who they claim are their children 11 or grandchildren. 12 The agents in these cases could have testified that, upon 13 being apprehended, the Defendants admitted they were citizens 14 of Honduras or El Salvador, which is what is reflected in the 15 stipulations, and admitted readily they did not have permission 16 to enter the United States legally. 17 testified in each case that the Defendant was carrying a 18 foreign identification card, what has been admitted into 19 evidence, stated they were born in either El Salvador or 20 Honduras which the Defendants have now stipulated to. 21 Consequently, there is no real doubt that the elements of the 22 offense are satisfied here. 23 They would have also The Defendants were aliens at the time that they entered 24 the United States at a place that was not designated as a port 25 of entry by immigration officers, and the only other thing the Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 11 of 51 11 1 Government needs to prove in these cases is that it took place 2 here in the Western District of Texas. 3 is where they entered. 4 establishing their guilt. 5 It is undisputed that So, they no longer dispute the facts The only argument here is much of what we heard on the 6 motion to dismiss, Your Honor. 7 argument, which I heard for the first time, something about the 8 juveniles being potential material witnesses. 9 that argument is properly preserved. 10 We also did hear a new I don't think Now, as the Court knows, the Government views these issues 11 as totally irrelevant to this trial, and we would object to any 12 evidence or questioning regarding those issues. 13 response to the arguments that Defense counsel makes, we rely 14 on our opposition which we submitted on November 20th, and 15 that's all Your Honor, thank you. 16 17 THE COURT: And in Thank you, Mr. Rennie. Any arguments, Mr. Garcia? 18 MR. GARCIA: 19 THE COURT: 20 MR. GARCIA: Briefly, Judge. Yes, sir. Sorry, for the purposes of the record, we 21 did make that argument about the key material witness at the 22 hearing of the motion to dismiss, and that could be proven by 23 the record of -- obviously, the transcript. 24 Just out of an abundance of caution, I would like to at 25 this point, again, move for judgment of acquittal under Rule 29 Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 12 of 51 12 1 based on the Government's failure to prove each and every 2 element of the crime based on the entire record in this case, 3 and we incorporate and reference all documents, evidence, 4 transcripts, and orders in this case including, but not limited 5 to, our motion to dismiss, and arguments made at the hearing on 6 the motion to dismiss, and also all the evidence and arguments 7 presented here at trial. 8 9 THE COURT: Thank you. That Rule 29 motion is denied. Anything else from either party at this time? 10 MS. LOPEZ: 11 MR. GARCIA: 12 THE COURT: No, Your Honor. No, Judge, you heard it all. Very well. 13 Based on the evidence that has been presented that was 14 stipulated to in part and the exhibits that were presented that 15 were not objected to, based on the evidence before the Court, 16 the Court does find Ms. Dominguez-Portillo guilty of the charge 17 of illegal entry into the United States. 18 sentencing on that case this afternoon after the conclusion of 19 the other matters. 20 Anything else? 21 22 We will proceed to Any motion or anything else the Defendant wants to make at this time? MR. GARCIA: No. One last thing, Judge. Again, I 23 hate to sound repetitive. At this time, we move for the 24 judgment of acquittal based on Rule 29 based on the 25 Government's failure to prove each and every element of the Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 13 of 51 13 1 crime based on the entire record in this case, and we 2 incorporate by reference all documents, evidence, transcripts, 3 and orders in this case including, but not limited to, our 4 motion to dismiss, and arguments made at the hearing on the 5 motion to dismiss, and also all the evidence and arguments 6 presented at trial. 7 THE COURT: 8 Very well. That motion is denied. Anything else from the Government on this case? 9 MS. LOPEZ: No, Your Honor. 10 THE COURT: Very well. We are in recess on 11 Ms. Dominguez-Portillo's case until we recall it for 12 sentencing. 13 The Court calls EP:17-M-4456, the United States versus 14 Maynor Alonso Claudino Lopez, and may I have announcements, 15 please. 16 17 MS. LOPEZ: United States. 18 19 Noemi Lopez and Douglas Rennie for the MR. GARCIA: Good afternoon again, Judge, Sergio Garcia on behalf of Mr. Claudino Lopez ready to proceed. 20 THE COURT: Again, housekeeping matters as in the 21 previous case. Anything that the parties wish to address with 22 regard to the motion to dismiss that had been filed by the 23 Defendant? 24 is forthcoming. 25 record? The Court ruled it was denying the motion and order Anything else you want to report on the Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 14 of 51 1 MR. GARCIA: Yes. 14 Just for procedure at this time, we 2 would like to renew our motion to dismiss based on oral 3 arguments made at that motion and oral arguments made at the 4 hearing on that motion. 5 6 THE COURT: MR. GARCIA: 8 THE COURT: 10 I guess you are asking for reconsideration of that ruling? 7 9 Very well. Just renew the motion to dismiss. That's denied. Anything else the Government wants to say with regard to that? 11 MS. LOPEZ: No, Your Honor. 12 THE COURT: Is the Government moving to withdraw its 13 request for a Lafler-Frye Hearing regarding a previously 14 disclosed plea agreement in this case? 15 MS. LOPEZ: The Government so moves, Your Honor. 16 THE COURT: Very well, that's granted. 17 Again, Mr. Garcia, your client had previously waived 18 arraignment in this case. 19 form waiving arraignment indicates they are entering a plea of 20 not guilty to the charge at that time. 21 persisting in his plea of not guilty today, and are you 22 entering a plea of not guilty on behalf of your client? 23 24 25 MR. GARCIA: Before waiving arraignment -- the Is your client Yes, he is entering a plea of not guilty, Judge. THE COURT: Very well. The parties waive opening? Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 15 of 51 1 MS. LOPEZ: 2 MR. GARCIA: 3 THE COURT: 4 MS. LOPEZ: Yes, Judge. Very well. Then let me ask the We would offer stipulated facts that the parties have entered into as well as stipulated exhibits. 7 8 Yes, Your Honor. Government, do you have any witnesses or evidence? 5 6 15 THE COURT: Let's start off with the stipulation then. Can you approach with that? 9 MS. LOPEZ: Yes. 10 THE COURT: I will note for the record that the 11 stipulation -- I want to make sure about this. 12 last name is Claudino? The paternal It is not a middle name or anything? 13 MR. GARCIA: It is Claudino last name and Lopez, 14 Maynor Alonso Claudino Lopez. 15 THE COURT: I will refer to him as Mr. Claudino. I 16 will note that the stipulation incorporates my reference to the 17 joint exhibit list we will get to in a few minutes. 18 stipulation has the signatures of the attorneys, and it also 19 has your signature, Mr. Claudino. 20 well. 21 explained, is an agreement between the parties -- between 22 yourself and the Government outlining the facts that are not in 23 dispute in this case, facts the parties agree on. 24 signature here indicates that you understand this. 25 The It has your signature as This stipulation of facts, as I am sure your lawyer has Your My question to you is did your lawyer explain all of this Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 16 of 51 1 16 to you before you signed this document? 2 DEFENDANT CLAUDINO: I really didn't understand 3 everything that he tried to tell me since everything is in 4 English. 5 I really did not understand. THE COURT: Here is what I want to get to. Did your 6 attorney explain to you in the Spanish language that the 7 parties are agreeing to this set of facts in this case? 8 DEFENDANT CLAUDINO: 9 THE COURT: 10 Yes. Very well. add? 11 MR. GARCIA: 12 THE COURT: No, Judge. Very well. 13 facts as admitted. 14 that's entered into the record. 15 16 We'll let this stipulation of I will call it Government's Exhibit 1, and Is there anything or -- we have these exhibits the Government wanted to present; is that correct? 17 18 Anything else you wanted to MS. LOPEZ: Yes, Your Honor, the Government would present a book of stipulated exhibits. 19 THE COURT: Okay, go ahead. 20 MS. LOPEZ: May I approach? 21 THE COURT: Please. 22 exhibits? 23 MR. GARCIA: 24 THE COURT: 25 Mr. Garcia, you reviewed these exhibits? Yes, Judge. Do you have any objections to any of the Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 17 of 51 1 MR. GARCIA: 2 THE COURT: 17 No, Judge. So the record is perfectly clear on this, 3 it is Exhibits A through J it looks like, and there being no 4 objection again, the stipulation of facts references these 5 exhibits. 6 brief description of what they are. 7 through J are admitted. 8 Government's Exhibits A Anything else from the Government? 9 10 It also details what each exhibit is and gives us a MS. LOPEZ: Nothing further from the Government, Your Honor. 11 THE COURT: The Government rests on this? 12 MS. LOPEZ: The Government rests with no further 13 arguments. 14 15 THE COURT: Mr. Garcia? 16 17 Very well. MR. GARCIA: Judge, thank you. At this time, we move for judgment of acquittal under 18 Rule 29 based on the Government's failure to prove each and 19 every element of the crime based on the entire record in this 20 case, and we incorporate by reference all documents, evidence, 21 transcripts, and orders in this case including, but not limited 22 to, our motion to dismiss, and arguments made at the hearing on 23 the motion to dismiss, and also all the evidence presented at 24 trial. 25 THE COURT: The Rule 29 motion is denied. Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 18 of 51 1 Any witnesses or evidence, Mr. Garcia? 2 MR. GARCIA: No, Judge. 3 THE COURT: Do you rest? 4 MR. GARCIA: Yes. Before we do so, we would like to 5 incorporate all the previous arguments we just made for 6 purposes of trial with respect to Ms. Dominguez, 7 Case No. 17-MJ-4409. 8 9 18 THE COURT: You are incorporating your arguments you made in the previous case? 10 MR. GARCIA: 11 THE COURT: 12 MR. GARCIA: Yes. Very well. Alright -- Judge, and before I am done, I would like 13 to again for purposes of the record move for judgment of 14 acquittal under Rule 29 based on the Government's failure to 15 prove each and every element of the crime based on the entire 16 record in this case, and we incorporate by reference all 17 documents, evidence, transcripts, and orders in this case 18 including, but not limited to, our motion to dismiss, and 19 arguments made at the hearing on the motion to dismiss, and 20 also all the evidence and arguments presented at trial. 21 THE COURT: Your motion is denied, and does the 22 Government close at this time? 23 MR. RENNIE: 24 25 Yes, Your Honor, briefly. Your Honor, we would just submit that the stipulations and stipulated exhibits in this case clearly establish that the Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 19 of 51 19 1 Defendant is guilty of the improper entry charge. 2 rely on our written opposition to the motion to dismiss which 3 was submitted on November 20th in response to any arguments 4 regarding that motion, Your Honor, and as stated in the prior 5 case, we think the evidence clearly establishes guilt in this 6 case. 7 8 9 We would Thank you. THE COURT: Thank you. Mr. Garcia? MR. GARCIA: Judge, just for procedure, at this time, 10 again, we move for judgment of acquittal under Rule 29 based on 11 the Government's failure to prove each and every element of the 12 crime based on the entire record in this case, and we 13 incorporate by reference all documents, evidence, transcripts, 14 and orders in this case including, but not limited to, our 15 motion to dismiss, and arguments made at the hearing on the 16 motion to dismiss, and also all the evidence and arguments 17 presented at trial. 18 THE COURT: 19 MR. GARCIA: 21 THE COURT: You heard it all. Very well. May I have just a moment here? Wait, sorry, did you just re-urge your motion? 23 MR. GARCIA: 24 THE COURT: 25 Those are closing arguments from the parties? 20 22 Very well. That's correct. For the record, it is denied. Anything else from the Government? Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 20 of 51 1 MS. LOPEZ: No, Your Honor. 2 THE COURT: Very well. 20 Then based on the evidence 3 before it, the stipulated facts, the exhibits before the Court 4 that the Court does find Mr. Claudino Lopez guilty of illegal 5 entry into the United States. 6 sentencing hearing this afternoon after the conclusion of the 7 remaining trials. 8 We will proceed with the Anything else on Mr. Claudino Lopez's case? 9 MS. LOPEZ: 10 MR. GARCIA: 11 THE COURT: No, Your Honor, not from the Government. No, Judge. We will move on to our next case, 12 EP:17-M-4461, the United States of America versus 13 Jose Francis Yanes-Mancia. 14 May I have announcements, please. 15 16 MS. LOPEZ: and Douglas Rennie for the United States. 17 18 MR. GARCIA: Good afternoon, Judge, Sergio Garcia on behalf of Jose Francis Yanes-Mancia, ready to proceed, Judge. 19 20 Good afternoon, Your Honor, Noemi Lopez THE COURT: Housekeeping matters. Is the Government withdrawing its request for a Lafler-Frye Hearing in this case? 21 MS. LOPEZ: Your Honor, before we begin, if I could 22 request that we do Natividad Zavala-Zavala at the same time? 23 The facts are exactly the same and so is the stipulated facts 24 and evidence. 25 together? Would it be possible to do those two cases They were arrested together. Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 21 of 51 1 THE COURT: I understand. Ordinarily, I really don't 2 have an issue with it. 3 is going to go up, we would be asking to essentially 4 consolidate the trials. 5 21 Since we are making a trial record that Here is what I am going to do. I appreciate what you're 6 trying to do, and, believe me, I would be inclined to do it. I 7 think the record will be cleaner if we do them individually. I 8 know it will take another little bit of time. 9 individual record if up on appeal these are not consolidated or 10 whatever, I think it will be -- I think the record will just be 11 cleaner. 12 and proceed on -- anything you wanted to add with regard to 13 that? I think each I will deny that request, but we will just go ahead 14 MR. GARCIA: 15 THE COURT: [inaudible] object. The other thing was there anything else we 16 wanted to take up on the motion to dismiss you previously filed 17 that I previously ruled on, denying? 18 MR. GARCIA: Yes, Judge. Anything else? Just for the record, at this 19 time, I would like to renew our motion to dismiss based on the 20 oral arguments made in that motion and oral arguments made at 21 the hearing on the motion. 22 23 24 25 THE COURT: That is denied. Your motion to dismiss is denied once again. MS. LOPEZ: The Government would move to withdraw its request for a Lafler-Frye Hearing. Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 22 of 51 1 2 THE COURT: We had not finalized that. 22 Thank you for reminding me about that. 3 Again, the Defendant has waived arraignment and the form 4 indicates -- form waiving arraignment indicates that your 5 client is entering a plea of not guilty, and are you entering a 6 plea of not guilty on behalf of your client here today? 7 8 MR. GARCIA: Yes, Judge, she enters a plea of not guilty. 9 THE COURT: Very well. I think the parties are 10 waiving opening, and so we will go right into evidence. 11 does the evidence have to present? 12 13 MS. LOPEZ: Your Honor, the Government would present stipulated facts. 14 15 What THE COURT: Go ahead and approach with that stipulation. 16 A few things about the stipulation of fats. I am reviewing 17 it. 18 counsel for the Government, and counsel for the Defendant. 19 also references the joint -- the exhibit list or the exhibits 20 rather that will be presented here now in a few minutes. 21 me ask Mr. Yanes. 22 It does contain and is signed by the Defendant, signed by It Let Good afternoon, I have this document that is a stipulation 23 of facts. What this is is yourself and the Government have 24 agreed to certain facts in this case that are not in dispute. 25 In other words, the parties are agreeing as to these facts in Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 23 of 51 1 2 23 this case. Did your lawyer explain all of this before you signed it? 3 DEFENDANT YANES: I did not understand it very well 4 because I don't know what that signature was for if it is to 5 plead guilty. 6 THE COURT: What I am explaining to you is this is an 7 agreement as to certain facts. The Court is considering 8 whether you are guilty, whether you're not guilty in this case. 9 These are facts that are not in dispute. The parties, the 10 Government and yourself, according to this are agreeing that 11 these facts are not in dispute. 12 signature. 13 when you signed this. 14 DEFENDANT YANES: Yes, I did understand everything. We did sign it, yes. 17 18 I want to make sure did you understand all of this Did your lawyer explain all of this? 15 16 It does contain your THE COURT: Anything else you wanted to add as to this, Mr. Garcia? 19 MR. GARCIA: No, Judge. Just for the record, we 20 reviewed this document at length last night and also this 21 morning. 22 THE COURT: Very well. The Court will accept this 23 stipulation. If this was a jury trial, obviously we would be 24 reading this publishing it to the jury, but it is accepted. 25 will call it Government's Exhibit 1. We have some additional I Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 24 of 51 1 24 exhibits; is that correct? 2 MS. LOPEZ: Yes, Your Honor. The Government would 3 present certain exhibits that are listed in the stipulated 4 facts. 5 May I approach? THE COURT: Please. I have been handed a notebook, 6 binder, that has Exhibits A through J. 7 Mr. Garcia? 8 MR. GARCIA: 9 THE COURT: You have reviewed this, Yes, Judge. Did you have any objection? 10 MR. GARCIA: 11 THE COURT: You're moving to admit these exhibits? 12 MS. LOPEZ: Yes, Your Honor. 13 THE COURT: Exhibits A through J are admitted into the 14 15 16 17 record. Very well. Does the Government have any additional evidence? MS. LOPEZ: No, Your Honor, the Government rests with no further argument. 18 THE COURT: 19 MR. GARCIA: 20 No, Judge. Very well. Mr. Garcia? Thank you, Judge. Judge, at this point we move for judgment of acquittal 21 under Rule 29 based on the Government's failure to prove each 22 and every element of the crime based on the entire record in 23 this case, and we incorporate by reference all documents, 24 evidence, transcripts, and orders in this case including, but 25 not limited to, our motion to dismiss, and arguments made at Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 25 of 51 25 1 the hearing on the motion to dismiss, and also all the evidence 2 presented at trial. 3 THE COURT: 4 Your Rule 29 motion is denied, and did you have any witnesses or evidence you wish to present? 5 MR. GARCIA: 6 THE COURT: 7 MR. GARCIA: No, Judge. Did you have any -Yes. I do need to incorporate by 8 reference all the arguments that we presented here at trial 9 with respect to Ms. Dominguez-Portillo since the Defendants are 10 similarly situated. 11 At the same time, at this point, we again move for judgment 12 of acquittal under Rule 29 based on the Government's failure to 13 prove each and every element of the crime based on the entire 14 record in this case, and we incorporate by reference all 15 documents, evidence, transcripts, and orders in this case 16 including, but not limited to, our motion to dismiss, and 17 arguments made at the hearing on the motion to dismiss, and 18 also all the evidence and arguments presented here for purposes 19 of trial. 20 21 THE COURT: Your Rule 29 motion is denied. Anything else from the Government? 22 MS. LOPEZ: No, Your Honor. 23 THE COURT: The Government closes. 24 25 Anything else from you, Mr. Garcia? MR. GARCIA: No, Judge. Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 26 of 51 1 2 3 THE COURT: 26 The Defense closes. Let me hear closing arguments whatever you want to put on the record. Mr. Rennie? 4 MR. RENNIE: 5 THE COURT: 6 MR. RENNIE: Briefly, Your Honor. Yes, sir, of course. Your Honor, as more fully stated in 7 closing for Ms. Dominguez's case, we believe the stipulations 8 and stipulated exhibits clearly establish that the elements 9 needed for the improper entry charge are satisfied here. In 10 response to the arguments related to the motion to dismiss 11 filed by the Defense, we would incorporate our opposition filed 12 and submitted on November 20th. 13 THE COURT: 14 MR. GARCIA: 15 Thank you. Thank you. Mr. Garcia? Thank you, Judge. Just, again, please if I could just move for judgment of 16 acquittal under Rule 29 base on the Government's failure to 17 prove each and every element of the crime based on the entire 18 record in this case, and we incorporate by reference all 19 documents, evidence, transcripts, and orders in this case 20 including, but not limited to, our motion to dismiss, and 21 arguments made at the hearing on the motion to dismiss, and 22 also all the evidence and arguments presented here for purposes 23 of trial. 24 25 THE COURT: motion. Very well. That's denied. You just re-urge your Rule 29 Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 27 of 51 1 27 Anything else from either of the parties? 2 MS. LOPEZ: 3 MR. GARCIA: 4 THE COURT: No, Your Honor. No, Judge, you heard it all. Very well. 5 As to Mr. Yanes-Mancia, based on the evidence I reviewed 6 and the stipulations based on the evidence and the exhibits, 7 the Court does find that Mr. Yanes-Mancia is guilty of illegal 8 entry into the United States. 9 this afternoon at the conclusion of the remaining trials. 10 We will move on to sentencing We will move on to the next case and -- let me ask you 11 briefly, Ms. Lopez, you had indicated earlier that the Yanes 12 case was related or similar facts, I guess, with the entry that 13 occurred as the case of Ms. Vasquez? 14 MS. LOPEZ: Ms. Zavala. 15 THE COURT: Ms. Zavala? 16 MS. LOPEZ: Yes. 17 THE COURT: Very well. We will move on to that case. 18 The Court calls EP:17-M-4462, the United States of America 19 versus Natividad Zavala-Zavala. 20 21 22 23 24 25 MS. LOPEZ: Noemi Lopez and Douglas Rennie for the United States. MR. GARCIA: And Sergio Garcia on behalf of Natividad Zavala-Zavala, ready to proceed, Judge. THE COURT: Some housekeeping matters, Mr. Garcia. You previously filed a motion to dismiss. The Court had issued Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 28 of 51 1 a ruling denying your motion to dismiss. 2 wanted to add? 3 MR. GARCIA: Yes, Judge. 28 Anything else you At this time, again, we 4 would like to renew our motion to dismiss based on oral 5 arguments made in that motion and oral arguments made at that 6 hearing on that motion. 7 8 9 THE COURT: Thank you very much. We have a pending Lafler-Frye Hearing. That is denied. Does the Government withdraw that request? 10 MS. LOPEZ: The Government does, Your Honor. 11 THE COURT: Very well. Again, as to your client's 12 plea, Mr. Garcia, your client had previously waived 13 arraignment. 14 plea of not guilty. 15 today on behalf of your client? 16 17 18 19 The waiver contains a statement she is entering a MR. GARCIA: THE COURT: 21 MR. GARCIA: 22 THE COURT: 25 She enters a plea of not Let's go into it. The parties are waiving opening statements; is that correct? MS. LOPEZ: 24 Yes, Judge. guilty. 20 23 Are you entering a plea of not guilty That's correct. That's correct, Your Honor. Very well. Let me ask the Government, what witnesses or evidence do you wish to present? MS. LOPEZ: Your Honor, in lieu of witnesses or physical evidence, we do have an agreed stipulation of facts. Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 29 of 51 1 THE COURT: Let me go ahead and see that. 2 MS. LOPEZ: May I approach? 3 THE COURT: Of course. 29 Alright, so let me note that 4 this stipulation of facts references the exhibits that we'll be 5 getting to in a few minutes. 6 Ms. Zavala? 7 DEFENDANT ZAVALA: 8 THE COURT: 9 Yes. Good afternoon. stipulation of facts with you. I wanted to go over this This document that I am holding 10 has your signature. 11 signature, and it also has the signature of your attorney and 12 has the signature of the lawyer for the Government. 13 stipulation of facts indicates is that the parties are agreeing 14 that there are certain facts in this case that are not in 15 dispute. 16 trial that there is an agreement on these facts. 17 this document. 18 19 This stipulation of facts has your So, the parties are agreeing for purposes of this signed it, Ms. Zavala? DEFENDANT ZAVALA: 21 THE COURT: Yes. Very well. Then we'll call this 22 stipulation of facts in Ms. Zavala-Zavala's case 23 Government's Exhibit 1. 25 You signed Was all of this explained to you by your lawyer before you 20 24 What this What additional evidence did you have? MS. LOPEZ: Your Honor, the Government would tender Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 30 of 51 1 exhibits listed in the stipulated facts. 2 THE COURT: You may. 30 May I approach? Again, just so the record is 3 clear on this, the stipulation of facts, Government's 4 Exhibit 1, references and describes each of these exhibits that 5 run Exhibits A all the way through Exhibit J. 6 reviewed these exhibits? 7 MR. GARCIA: 8 THE COURT: 9 MR. GARCIA: 10 11 THE COURT: You have Yes, Judge. No objections, Mr. Garcia? No objections. Very well. You are moving to admit, Ms. Lopez? 12 MS. LOPEZ: Yes, Your Honor. 13 THE COURT: The Government's Exhibits A through J are 14 15 16 17 18 admitted. Alright, anything else from the Government in terms of evidence? MS. LOPEZ: no further argument. 19 THE COURT: 20 MR. GARCIA: 21 No, Your Honor, the Government rests with Very well. Mr. Garcia? Thank you, Judge. Judge, at this point, we move for judgment of acquittal 22 under Rule 29 based on the Government's failure to prove each 23 and every element of the crime based on the entire record in 24 this case, and we incorporate by reference all documents, 25 evidence, transcripts, and orders in this case including, but Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 31 of 51 31 1 not limited to, our motion to dismiss, and arguments made at 2 that hearing on the motion to dismiss, and also all the 3 evidence presented and arguments here at trial. 4 5 THE COURT: Your Rule 29 motion is denied. Did you have anything else; any witnesses or evidence? 6 MR. GARCIA: No additional witnesses or evidence, 7 Judge. We incorporate and by reference the arguments we made 8 with respect to Ms. Dominguez-Portillo, case number 17-MJ-4409, 9 since Ms. Zavala is also similarly situated. 10 THE COURT: 11 MR. GARCIA: Very well. With that, we also move again for 12 judgment of acquittal under Rule 29 based on the Government's 13 failure to prove each and every element of the crime based on 14 the entire record in this case, and we incorporate by reference 15 all documents, evidence, transcripts, and orders in this case 16 including, but not limited to, our motion to dismiss, and 17 arguments made at that hearing on the motion to dismiss, and 18 also all the evidence and arguments presented here for purposes 19 of trial. 20 21 THE COURT: That's denied. Anything else from the Government? 22 MR. RENNIE: 23 THE COURT: 24 MR. RENNIE: 25 THE COURT: You're not asking for closing? Not closing argument yet? No. The Government closes? Does the Defense Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 32 of 51 1 close? 2 MR. GARCIA: 3 THE COURT: 4 5 32 You heard it all, Judge. Very well. argument on the record. MR. RENNIE: Go ahead and put your closing Mr. Rennie? Thank you, Your Honor. 6 As more fully stated in Ms. Dominguez's case, it is 7 EP:17-MJ-4409, the Government believes the stipulations and 8 stipulated exhibits clearly establish that the elements of the 9 improper entry charge are established. In response to the 10 arguments related to the Defendant's motion to dismiss, we 11 incorporate our written opposition which we submitted on 12 November 20th. 13 14 15 16 17 Thank you, Your Honor. THE COURT: Thank you. Mr. Garcia? MR. GARCIA: Thank you, Judge. At this point, we, again, move for judgment of acquittal 18 under Rule 29 based on the Government's failure to prove each 19 and every element of the crime based on the entire record in 20 this case, and we incorporate by reference all documents, 21 evidence, transcripts, and orders in this case including, but 22 not limited to, our motion to dismiss, and arguments made at 23 that hearing on the motion to dismiss, and also all the 24 evidence and arguments presented here for purposes of trial. 25 THE COURT: Did you just re-urge your Rule 29 motion? Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 33 of 51 1 MR. GARCIA: 2 THE COURT: That's denied. 4 MS. LOPEZ: No, Your Honor. 5 THE COURT: Anything else? 6 MR. GARCIA: 7 THE COURT: 3 33 Yes. Anything else from the parties? No, Judge, you heard it all. Based on the stipulated facts that have 8 been presented, based on the exhibits that the Government has 9 presented, and the evidence before the Court, the Court finds 10 Ms. Zavala guilty of the misdemeanor offense of illegal entry 11 into the United States. 12 minutes after the conclusion of the last trial. 13 We'll go into sentencing here in a few We will move on to EP:17-M-4499. I will backup. On 14 Ms. Zavala-Zavala's case, anything else from either of the 15 parties? 16 MS. LOPEZ: 17 MR. GARCIA: 18 THE COURT: 19 20 21 22 23 24 25 No, Your Honor. No, Judge. Then I call EP:17-M-4499, the United States of America versus Blanca Nieve Vasquez-Hernandez. Announcements, please. MS. LOPEZ: Noemi Lopez and Douglas Rennie for the United States. MR. GARCIA: And Sergio Garcia on behalf of my client Ms. Vasquez-Hernandez, ready to proceed, Judge. THE COURT: Let me take up some housekeeping issues. Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 34 of 51 1 Let me start with the Government. 2 Lafler-Frye Hearing set here this afternoon. 3 withdrawing that request? 34 We had a pending Is the Government 4 MS. LOPEZ: The Government withdraws its request. 5 THE COURT: Very well. 6 Was there anything that we needed to take up from the Defendant at this time? 7 MR. GARCIA: 8 THE COURT: 9 MR. GARCIA: Yes, Judge, thanks. Yes, sir. Judge, at this time, we would like to 10 renew our motion to dismiss based on the oral arguments made in 11 that motion and oral arguments made at that hearing on that 12 motion to dismiss, Judge. 13 THE COURT: Very well. That is denied, and let me ask 14 you, we had previously entered a plea of not guilty on the -- 15 when they waived -- when your client waived arraignment, the 16 form includes language indicating that your client was 17 persisting in a plea of not guilty. 18 not guilty on behalf of Ms. Vasquez-Hernandez at this time? 19 20 MR. GARCIA: Are you entering a plea of Yes, Judge, we are entering a plea of not guilty. 21 THE COURT: 22 opening statements? 23 MS. LOPEZ: 24 MR. GARCIA: 25 THE COURT: Very well. Then the parties are waiving Yes, Your Honor. Yes, Judge. Let me hear from the Government. What Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 35 of 51 1 35 witnesses or evidence do you wish to present? 2 MS. LOPEZ: Your Honor, the Government would tender a 3 stipulation of facts that the parties have entered into. 4 approach? 5 THE COURT: Yes. Okay, so I will note that the 6 stipulation of facts does contain a reference to a joint 7 exhibit list that we'll discuss in a few minutes. 8 9 May I Ms. Vasquez, good afternoon. document of stipulated facts. I have before me this Let me -- I need to ask you a 10 few questions about it. 11 signature of the attorneys in the case. 12 is an agreement of undisputed facts or facts that the parties 13 agree are undisputed. 14 15 It contains your signature and the What this document is My question to you is was all of this explained to you by your attorney before you signed this stipulation? 16 DEFENDANT VASQUEZ: 17 THE COURT: Yes. Very well. Then we will enter the 18 stipulation of facts in the record, and it is admitted as 19 Government's Exhibit 1. 20 Now, did we have additional evidence? 21 MS. LOPEZ: Yes, Your Honor. The Government would 22 move to admit the exhibits that are set forth in the stipulated 23 facts. 24 May I approach? 25 THE COURT: You may. Alright, and, Mr. Garcia, you Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 36 of 51 1 reviewed these exhibits? 2 MR. GARCIA: 3 THE COURT: 4 36 Yes, Judge. Did you have any objections to any of the exhibits? 5 MR. GARCIA: 6 THE COURT: No, Judge. It looks like Government's Exhibits A 7 through I is the last exhibit. It is Exhibits A through I, 8 and, Ms. Lopez, you are moving to admit Government's A through 9 I? 10 MS. LOPEZ: Yes, Your Honor. 11 THE COURT: Then these exhibits are admitted. 12 13 here you go. Chris, Thank you. Anything else in terms of evidence from the Government? 14 MS. LOPEZ: The Government rests with no further 16 THE COURT: Very well. 17 MR. GARCIA: 15 18 argument. Mr. Garcia? Thank you, Judge. At this point, we move for judgment of acquittal under 19 Rule 29 based on the Government's failure to prove each and 20 every element of the crime based on the entire record in this 21 case, and we incorporate by reference all the documents, 22 evidence, transcripts, and orders in this case including, but 23 not limited to, our motion to dismiss, and arguments made at 24 that hearing in the motion to dismiss, and also all the 25 evidence presented here at trial. Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 37 of 51 1 2 3 THE COURT: Anything else? 37 Your Rule 29 motion is denied. Any witnesses or evidence or anything else you wanted to present at this time, Mr. Garcia? 4 MR. GARCIA: No, Judge. What we like to do is 5 incorporate by reference all the arguments that we made here at 6 trial with respect to Ms. Dominguez-Portillo, Case No. 7 17-MJ-4409, and at this point we would like to move, again, for 8 judgment of acquittal under Rule 29 based on the Government's 9 failure to prove each and every element of the crime based on 10 the entire record in this case, and we incorporate by reference 11 all documents, evidence, transcripts, and orders in this case 12 including, but not limited to, our motion to dismiss, and 13 arguments made at the hearing on the motion to dismiss, and 14 also all the evidence and arguments presented here for purposes 15 of trial. 16 17 18 THE COURT: That motion is denied. Your Rule 29 motion is denied. You rest; is that correct? 19 MR. GARCIA: 20 THE COURT: Anything else from the Government? 21 MS. LOPEZ: Nothing further. 22 THE COURT: You close? 23 MS. LOPEZ: Yes. 24 THE COURT: Anything else, Mr. Garcia? 25 also? You heard it all, Judge. You close Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 38 of 51 1 MR. GARCIA: 2 THE COURT: 3 Yes, Judge. Mr. Rennie, let me go ahead and hear closing arguments from the Government, please. 4 5 38 MR. RENNIE: Thank you, Your Honor. As previously stated more fully in Ms. Dominguez's case, 6 EP:17-MJ-4409, the Government submits that the stipulations and 7 stipulated exhibits in this case shows that the elements of the 8 improper entry charge are plainly satisfied. 9 In response to the Defense's arguments concerning their 10 motion to dismiss, we incorporate by reference a written 11 opposition that was submitted on November 20th. 12 Thank you, Your Honor. 13 14 THE COURT: Thank you. Mr. Garcia? 15 MR. GARCIA: Judge, at this point, again, we move for 16 a judgment of acquittal under Rule 29 based on the Government's 17 failure to prove each and every element of the crime based on 18 the entire record in this case, and we incorporate by reference 19 all documents, evidence, transcripts, and orders in this case 20 including, but not limited to, our motion to dismiss, and 21 arguments made at the hearing on the motion to dismiss, and 22 also all the evidence and arguments presented here for purposes 23 of trial. 24 25 THE COURT: Thank you very much. motion, and the motion is denied. Just re-urge your Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 39 of 51 1 39 Anything else from the parties at this time? 2 MS. LOPEZ: No, Your Honor. 3 THE COURT: Anything else? 4 MR. GARCIA: 5 THE COURT: No, Judge, you heard it all. Very well. 6 The Court having considered the stipulation of facts and 7 considered the evidence it has been presented here does find 8 Ms. Vasquez-Hernandez guilty of the misdemeanor offense of 9 illegal entry. 10 That concludes our trials, and I think we can move right 11 into sentencing unless -- are you ready to proceed on 12 sentencing? 13 14 15 MR. GARCIA: Judge, if I can have just one minute? Are we going to call them in the same order? THE COURT: Here is what I was thinking of, calling up 16 the Defendants to the podium or here in the well of the Court, 17 and then just addressing each individually or asking them if 18 they have anything to say. 19 MR. GARCIA: 20 allocute, each one. 21 THE COURT: I prefer that you give them a minute to Absolutely, I'll do that. In terms of 22 should we bring up the Defendants one at a time, is that your 23 preference? 24 MR. GARCIA: I prefer that. 25 THE COURT: Absolutely, fine. You need a couple of Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 40 of 51 1 minutes? 2 3 4 5 6 MR. GARCIA: 9 Just a couple of minutes to visit with them. THE COURT: I will take a very, very brief recess. Let Ms. Velez know when you're ready. MR. GARCIA: 7 8 40 Thank you. [Recess taken] THE COURT: We are on the record. The Court calls EP:17-M-4409, The United States of America 10 versus Elba Luz Dominguez-Portillo; EP:17-M-4456, the 11 United States of America versus Maynor Alonso Claudino Lopez; 12 EP:17-M-4461, the United States versus 13 Jose Francis Yanes-Mancia; EP:17-M-4462, the United States 14 versus Natividad Zavala-Zavala; and, finally, EP:17-M-4499, the 15 United States versus Blanca Nieve Vasquez-Hernandez. 16 here for sentencings. 17 18 May I have announcements, please. MR. RENNIE: Good afternoon, Your Honor, 19 Douglas Rennie and Noemi Lopez for the United States. 20 ready to proceed. 21 THE COURT: 22 MR. GARCIA: We are Thank you. Good afternoon, Judge, Sergio Garcia on 23 behalf of all of my clients. 24 THE COURT: 25 We are Very well. Let me address the Defendants. We have now gone through the part of the case where we made Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 41 of 51 1 a determination as to guilt or innocence. 2 each one of you guilty on the charge of illegal entry. 3 in the sentencing part of the case at this hearing. 4 41 Obviously, I found We are What I will do is I will ask the attorneys to speak. After 5 that, you have the right to say something on your own behalf if 6 you wish. 7 want to. 8 It is your right to say something if you wish. 9 listen to whatever you have to say. 10 Don't feel obligated to say anything if you don't You don't have to say anything if you don't want to. I am happy to Let me start off with the attorneys and let me ask the 11 Government, is the Government making any motions as to 12 remitting the special assessment? 13 MR. RENNIE: Yes, Your Honor, we do move to remit the 14 special assessment in each case. 15 some point. 16 THE COURT: 17 MR. RENNIE: 18 THE COURT: We would like to be heard at Of course. If you would like me to speak now or -Let's just handle this first. 19 with the Defendants first. 20 has anything it wishes to bring up. 21 22 23 24 25 I'll go Then I will ask if the Government So, the special assessment of $10 for each Defendant is remitted, and, Mr. Garcia, the floor is yours, sir. MR. GARCIA: Just briefly. Thank you, Judge. You heard it all, Judge. I will not argue the case of Ms. Dominguez-Portillo here at the bench trial at Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 42 of 51 42 1 trial 17-MJ-4409. 2 hear from the people who actually suffer in these types of 3 cases. 4 minute or two to allocute individually. 5 6 You heard all that I think is important to I am going to request that you allow them to take a THE COURT: Of course, that's fine. Let me go to the Government briefly just to get the lawyers 7 out of the way for a moment, and then we can go to the 8 Defendants. 9 10 11 Mr. Rennie, let me hear from you. MR. RENNIE: Yes, Your Honor. I just did want to mention that the Government did expend 12 significant resources in this case since we did have about a 13 dozen agents here prepared to testify today. 14 was relatively short notice setting the trials, we did have 15 witnesses who had to change their schedules and travel plans. 16 Some are here on a day they were supposed to have off. 17 THE COURT: 18 MR. RENNIE: Given that there Right. Ms. Lopez and myself did want to thank 19 them for being here today as well as the case agents and 20 support staff. 21 THE COURT: 22 MR. RENNIE: 23 24 25 Yes, sir. [Inaudible] to actually put on the evidence in these cases so quickly. Nonetheless, we also recognize that by agreeing to relevant facts establishing the guilt, they did save the Government and Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 43 of 51 43 1 the agents from having to put on those cases, and we also 2 recognize that the cases could have continued into next week as 3 well, and we also note that other individuals in their position 4 who are apprehended around that time most of them were 5 sentenced to time served probably about a month ago. 6 It has been our position which we communicated to Defense 7 counsel as of November 9th that a time served sentence was 8 appropriate so, given that, we continue to recommend a sentence 9 of time served. 10 11 12 13 14 15 THE COURT: I appreciate it, thank you. Okay, let me go now to you all. Ms. Dominguez-Portillo, before I impose sentence, is there anything you would like to tell the Court? DEFENDANT DOMINGUEZ: Yes, Your Honor. When I arrived here, I had my daughter with me, and up to 16 this day today, I know nothing of her. 17 from the Maras, and I ask I want to go back with my daughter as 18 soon as possible. 19 20 21 22 I came here fleeing That's all. THE COURT: Thank you, ma'am. Mr. Claudino Lopez, before I impose sentence, is there anything you would like to say, sir? DEFENDANT CLAUDINO: Well, I came into the country, 23 and I gave myself up to the officers of immigration, and I only 24 came here to see if I could have a better life for my son. 25 was not possible. It The only thing that I want now is to go back Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 44 of 51 1 44 to my country with my son as soon as possible. 2 I do have more. I want to thank the immigration officer 3 because they treated me very well. 4 here present this afternoon, and with me they all behaved very 5 well, and I thank them again, and I apologize to them. 6 THE COURT: 7 I know that they are all Thank you very much, sir. Mr. Yanes, before I impose sentence, is there anything you 8 would like to tell the Court, sir? 9 DEFENDANT YANES: Yes. I am in the same situation as 10 they are, and I do want to apologize for what we did for coming 11 into this country illegally. 12 they are, and I do want to apologize for coming in the way we 13 did. 14 and to be able to study, and I wanted to work here, you know, 15 to be able to support him, but I was not able to, and I 16 apologize for being here and for everything we have done. 17 think we are all paying for this offense which we have 18 committed. 19 I am in the same situation as I was coming with my son to give him a better opportunity I Likewise, I have been very well treated by everybody here, 20 and I do apologize for having come in the way that I did. 21 apologize. 22 I want to know if he is okay, and I want to take him back to my 23 country of Honduras. 24 25 I do I do want to know about the whereabouts of my son. Thank you. THE COURT: Thank you, Mr. Yanes. Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 45 of 51 1 Ms. Zavala, before I impose sentence -- 2 DEFENDANT ZAVALA: Your Honor, I fled the violence in 3 my country. 4 with my grandson. 5 from me. 6 with my grandson. 7 is. 8 know where my grandson is. 9 grandson and to go back with my grandson. 10 I fled the danger and the violence. I came here I need to be with my grandson. I don't know where he is. He was taken Your Honor, I need to go I need to go back. He was taken from me. I need to know where he I know nothing of him. I need to It is all I ask, to be with my I know nothing about him. 11 THE COURT: 12 13 45 Thank you, Ms. Zavala. Before I impose sentence Ms. Vasquez-Hernandez, is there anything you would like to tell the Court? 14 DEFENDANT VASQUEZ: 15 Good afternoon, Your Honor. What I would ask is I came over here with my son. 16 nothing of him. 17 going to be taken. 18 country. 19 husband was killed. 20 He was taken from me. I know I was told that he was I came here fleeing the danger in my My husband was killed. As I was telling you, my I came here seeking a better life. I'm a single mother, 21 and I was fleeing the dangers and the violence in my country. 22 I only want to raise my son to see him grow up where there are 23 no Maras, no gangs. 24 lost everything. 25 is. I am now a widow without a husband. Please help me. I I don't know where my son From the moment he was taken from me, I don't know Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 46 of 51 1 2 46 anything about him. Likewise, when I gave myself in to immigration, they took 3 my son away from me. 4 little boy. 5 I don't know how he is treated if he is being well treated. 6 All I ask -- I don't know where he is and he needs me. 7 to go and be where he is. 8 9 They cuffed him. He was cuffed and taken away. THE COURT: I worry about him. I need Thank you very much, Ms. Vasquez. Alright -- 10 MR. GARCIA: Judge? 11 THE COURT: Yes, sir. 12 MR. GARCIA: 13 He is a 13 year-old If I could -- my heart tells me to say a few words just briefly, maybe 30 seconds, Judge. 14 THE COURT: 15 MR. GARCIA: Go right ahead. As you heard the Government say, they 16 spent resources and they made an offer back earlier, but, as 17 you can see, the concern of my clients is simply their 18 children. 19 is their concern. 20 That is the most precious thing they had, and that It is not a time served issue. 21 That is the question. 22 because it is incorrect. 23 children. 24 They have them. 25 It is where is my child? That's the reason why we went to trial It is wrong. We don't know where they are. We don't. Thank you, Judge. We are missing those The Government knows. Certainly my clients don't know. Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 47 of 51 1 2 THE COURT: 47 Thank you. Alright, let me ask you, Mr. Garcia, the Government has 3 indicated it is not opposed to a time served sentence, and 4 certainly I am inclined to do that. 5 you is this. 6 can impose a sentence of one year probation. 7 I can do that, and I am inclined to do it or I Is there anything you want to add in that respect? 8 MR. GARCIA: 9 THE COURT: Judge, I don't think -The result is -- 10 MR. GARCIA: Yeah -- 11 THE COURT: Similar. 12 MR. GARCIA: 13 The only thing I will ask That's a decision that is for the Court to make. 14 THE COURT: 15 MR. GARCIA: Okay. If you were to ask me what to do, that 16 would be different. It is up to you, Judge. 17 THE COURT: 18 Government has on that issue? 19 MR. RENNIE: Anything the Government -- any opinion the Nothing further, Your Honor. 20 leave it to your discretion. 21 THE COURT: We will Alright, in each of the five cases and 22 acknowledging that the Defendants have been in custody for a 23 little bit over a month it looks like, the Court will sentence 24 each Defendant to a sentence of one year probation. 25 is waived. The fine I do make a finding that you lack the ability to Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 48 of 51 1 2 pay a fine, and I am remitting the special assessment. Now, obviously, I am sure your lawyer has discussed this 3 with you on the issue of appeal. 4 to appeal your sentence. 5 sure you discuss this with your lawyer if you have any 6 questions about that. 7 8 9 10 You do have 14 days in which It is a very strict deadline. Make Now, before I conclude this hearing, have each of you understood everything that I discussed with you? DEFENDANTS: THE COURT: 11 have you understood? 12 DEFENDANTS: 13 THE COURT: 14 48 Yes [by all]. Mr. Yanes, Ms. Zavala, and Ms. Vasquez, Yes [by all]. Very well. Well, based on what you have said here in Court and based 15 on what your lawyer has said, I certainly understand the 16 reasons that you have expressed for wanting to come to the 17 United States and for wanting to come to the United States with 18 the minor children that were with you. 19 hope you know that. 20 I understand that. I I lament it more than you that I am in a position where I 21 am unable to give you any information or I am not in possession 22 of any information regarding the whereabouts or well being of 23 your children, and I wish that was not so. 24 you that information because I know you are worried about it. 25 I can see it on your faces, and I can hear it in your voices I wish I could give Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 49 of 51 49 1 that you're concerned, and that's probably the single most 2 important thing to you in your lives, and any of us who are 3 blessed to be parents understand that is the single most 4 important thing we have in our lives. 5 that information, believe me, and I hope you understand that. 6 In any case, I do wish each one of you good luck. 7 Is there anything else from the Government? 8 9 I wish I could give you MR. RENNIE: Your Honor, I just wanted to clarify. Do I understand correctly it is nonreporting probation? 10 THE COURT: Yes, of course. A term of one year 11 nonreporting probation, and, Mr. Garcia, obviously I explained 12 to your clients what the implications of being on probation 13 during that one year what that means. 14 Certainly, for each one of you, if there was any kind of -- 15 the sentence I imposed, one year of probation, means your 16 sentences of incarceration are done. 17 period of probation which means you have to follow certain 18 rules. 19 There is a one year The Number 1 rule really you have to follow is if within 20 that one year period there was another offense, a federal, 21 state or local offense that you would be coming back to this 22 Court, and I would be re-sentencing you. 23 the sentence means. 24 your incarceration, that is done as of today. 25 That's basically what In terms of your sentence or in terms of I sincerely wish each of you the best of luck with Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 50 of 51 1 everything, you and your families. 2 Anything else from the parties? 3 We are in recess. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 * * * * * Anything else, sir? Case 3:17-mj-04409-MAT Document 50 Filed 12/18/17 Page 51 of 51 51 CERTIFICATION _____________ 1 2 3 I certify that the foregoing is a correct transcript from 4 the record of proceedings in the above-entitled matter. I 5 further certify that the transcript fees and format comply with 6 those prescribed by the Court and the Judicial Conference of 7 the United States. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Date: December 15, 2017 /s/ Walter A. Chiriboga, Jr. ____________________________ Walter A. Chiriboga, Jr.