UNITED STATES OF AMERICA v. YOEL EMILIO BAEZ HERNANDEZ (2016)

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)(i), (a)(1)(A)(v)(I), and (a)(1)(B)(i); 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 informed 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 I-213 forms; and (3) did not err in denying his motions for judgment of acquittal.

However, we 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.

PER CURIAM: