United States v. Esparza, No. 13-50033 (9th Cir. 2015)
Annotate this CaseDefendant appealed his conviction for importing marijuana where he attempted to enter the country by driving a car that had multiple packages of marijuana hidden in the gas tank and dashboard. At the time of defendant's arrest, he was driving a car owned by Diana Hernandez. At issue was whether the government’s use of Hernandez’s hearsay statement violated the Confrontation Clause. The court held that because Hernandez's statement - that she had sold the car to defendant six days before defendant's arrest - was "testimonial," defendant had the right to confront her as a witness; defendant's rights were violated where he was not given an opportunity to do so; and the admission of the statement was not harmless beyond a reasonable doubt. Accordingly, the court vacated and remanded.
Court Description: Criminal Law The panel vacated a conviction for importing marijuana and remanded, in a case in which the defendant attempted to enter the United States, driving a car that had multiple packages of marijuana hidden in the gas tank and dashboard. The only contested issue at trial was the defendant’s knowledge, and specifically who owned the car. At the time of the defendant’s arrest, Diana Hernandez was the car’s registered owner. The panel held that Hernandez’s statement to the Department of Motor Vehicles – that she had sold the car to the defendant six days before the defendant’s arrest – was testimonial, and that because the defendant was not given an opportunity to confront her as a witness, the government’s use of the hearsay statement violated the defendant’s rights under the Confrontation Clause. The panel concluded that the admission of Hernandez’s statement, which the government used as proof that the defendant owned the car and therefore knew about the hidden drugs, was not harmless beyond a reasonable doubt.
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