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UNITED STATES v. HOLLEY

No. 73-1753.

493 F.2d 581 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Orlan HOLLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 8, 1974.

Attorney(s) appearing for the Case

Alexander L. Landon (argued) San Diego, Cal., for defendant-appellant.

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

David B. Moon, Jr., Bourne, McDade, Fitzgerald & Moon, San Diego, Cal., for amicus.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and McNICHOLS, District Judge.

OPINION

McNICHOLS, District Judge:

Appellant, Holley, was convicted after trial by jury, on all counts of a four-count indictment charging the illegal transportation of four aliens as proscribed by 8 U.S.C. § 1324(a) (2).

During the course of the trial, the central issues in controvery were knowledge and intent on the part of the defendant. It is not disputed that Holley was a taxicab driver operating in the South Bay area of San Diego County...

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