United States v. Foreman
United States Court of Appeals for the Fifth Circuit
84 F.4th 615 (2023)
- Written by Jamie Milne, JD
Facts
A sheriff’s deputy discovered nine Latin American men crammed into the back of a small SUV. The vehicle was driven by Ira Cannon, with Nicole Foreman (defendant) in the front passenger seat. The deputy contacted United States Border Patrol, which took charge of the investigation. A border-patrol agent completed Form G-166F, a form generated in alien-smuggling cases that listed the citizenship of all persons involved. The agent’s form listed the nine men’s citizenship as identified by the men themselves. When Foreman was tried for transporting undocumented migrants, the agent’s supervisor, but not the agent, testified. After the supervisor explained that a Form G-166F had been generated, the government moved to admit the form into evidence to show that the men Foreman transported were in the United States illegally. The district court admitted the form over Foreman’s objection, reasoning that the form fell under the business-records exception to the hearsay rule. Foreman appealed, arguing that the form was inadmissible hearsay.
Rule of Law
Issue
Holding and Reasoning (Clement, J.)
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