Usav.Renado Smith, Et Al
Renado Smith and Richard Delancy, Bahamian nationals, took twenty-one passengers from the Bahamas toward the United States in a small boat that ran out of fuel and drifted for six days. A Coast Guard crew rescued the passengers near Florida. A jury convicted both men of alien-smuggling offenses and attempted illegal reentry. On appeal, they challenged the admission of a videotaped deposition from Vanessa Vixama, a passenger who had been held as a material witness, deported, and was unavailable for trial. The Eleventh Circuit majority affirmed. It held that the Government had made reasonable efforts to locate Vixama, that the defendants had a full opportunity to cross-examine her during the deposition, and that the deposition was admissible under the Confrontation Clause. The court also rejected Smith’s challenge to prosecutorial closing argument. The majority concluded that the trial evidence, including the passengers’ accounts, the boat’s course, the instructions to conceal the trip, and the defendants’ prior immigration offenses, supported the convictions. Judge Rosenbaum dissented, concluding that the Government’s efforts to locate Vixama were inadequate and that admitting her testimony was not harmless.
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