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UNITED STATES v. MATTISON

No. 25496.

437 F.2d 84 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth MATTISON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 21, 1970.

Attorney(s) appearing for the Case

Roy W. Paul (argued), San Diego, Cal., for defendant-appellant.

Brian E. Michaels (argued), Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HAMLEY and DUNIWAY, Circuit Judges, and LEVIN, District Judge.

PER CURIAM:

Mattison was found guilty by a jury of conspiracy to smuggle aliens in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324. We affirm.

Mattison's sole contention is that the trial court should have granted his motion to strike the testimony of prosecution witness Aguayo-Esquivivas on the ground that it was tainted by prior, out-of-court coercion. Aguayo was one of three Mexican aliens found in the trunk of Mattison's car when it was driven...

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