United States Tenth Circuit

Defendant's motion to dismiss the indictment was properly denied, because no testimony by the voluntarily departed, potential witnesses could possibly rebut their status as illegal aliens transported by defendant. District court did not abuse its discretion by holding that defendant's failure to challenge the roadblock's legality prior to the motions hearing waived this issue under FRCP rule 12.

Appellate Information

• Decided 02/25/2004
• Published 02/25/2004

Judges

• TYMKOVICH, Circuit Judge., Before SEYMOUR, HARTZ, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Floyd W. Lopez,Floyd W. Lopez, P.A., Albuquerque, NM, for Defendant-Appellant., Fred J. Federici, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.