United States v. Yoel Emilio Baez-Hernandez

U.S. Court of Appeals for the Eleventh Circuit
United States v. Yoel Emilio Baez-Hernandez, 653 F. App'x 895 (11th Cir. 2016)

United States v. Yoel Emilio Baez-Hernandez

Opinion

PER CURIAM:

Yoel Baez-Hernandez appeals his convictions for: (1) conspiracy to bring aliens to the United States at a place other than as designated by the Secretary of Homeland Security, in violation of 8 U.S.C. §§ 1324(a)(1)(A)©, (a)(l)(A)(v)(I), and (a)(1)(B)©; and (2) bringing aliens to the United States for the purpose of commercial advantage and financial gain knowing they had not received prior authorization to enter, in violation of 8 U.S.C. 1324(a)(2)(B)(ii).

After review of the record and briefs and with the benefit of oral' argument, we first grant defendant Baez-Hernandez’s motion to supplement the record on appeal in order to make an infonhed decision as to the late discovery issue defendant Baez-Hernandez raises on appeal. Having granted the motion, we conclude that the district court: (1) did not err in denying his motion to suppress cell-cite-location data; (2) did not abuse its discretion by denying his motion to exclude 1-213 forms; and (3) did not err in denying his motions for judgment of acquittal.

However, wé conclude that the district court abused its discretion by denying his motion for a continuance given the volume of discovery provided by the government so .close to the trial date; The district court clearly should have granted a short continuance. Therefore we grant the defendant’s motion for a new trial.

REVERSED AND REMANDED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Yoel Emilio BAEZ-HERNANDEZ, Defendant-Appellant
Status
Unpublished