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UNITED STATES v. ACOSTA-GARCIA

Nos. 71-1414, 71-1415.

448 F.2d 395 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel ACOSTA-GARCIA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Florencio URIAS-MONTOYA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 20, 1971.

Attorney(s) appearing for the Case

Gordon T. Alley, (argued), Sullivan, Alley & Seefeldt, Tucson, Ariz., for Florencio Urias-Montoya.

Lawrence Ollason, (argued), Gilbert Gonzales, Tucson, Ariz., for Manuel Acosta-Garcia.

Stephen McNamee, (argued), Richard K. Burke, U. S. Atty., Stanley L. Patchell, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before JERTBERG, MERRILL, Circuit Judges, and KELLEHER, District Judge.

KELLEHER, District Judge:

Appellants were arrested, indicted and, after jury trial, convicted of unlawful importation of marihuana pursuant to 21 U.S.C. § 176a.

At the beginning of trial, as appellants were being brought into the courtroom, some members of the panel of prospective jurors saw that appellants were in handcuffs which appellants contend created a prejudicial atmosphere not dissipated by the trial...

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