UNITED STATES v. FONG

No. 74-3378.

529 F.2d 55 (1975)

The UNITED STATES of America, Plaintiff-Appellee, v. Frank Fee FONG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 17, 1975.


Attorney(s) appearing for the Case

Joseph C. Morehead (argued), San Francisco, Cal., for defendant-appellant.

Robert D. Ward, Asst. U. S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY and WRIGHT, Circuit Judges, and LUCAS, District Judge.


OPINION

EUGENE A. WRIGHT, Circuit Judge:

We affirm Fong's conviction of making a false declaration before a grand jury [18 U.S.C. § 1623], and hold that the district court's denial of a motion to suppress, after an evidentiary hearing, was not clearly erroneous and that the court properly denied development of an entrapment defense. Because it was not raised below, we do not consider whether the prosecution must advise a defendant of a right to recant...

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