UNITED STATES v. MELCHOR MORENO

No. 75-2957.

536 F.2d 1042 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Ivan MELCHOR MORENO and Rigoberto Melchor Moreno, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 9, 1976.


Attorney(s) appearing for the Case

Wayne Windle, El Paso, Tex., for Roberto Moreno.

Dan L. Armstrong, El Paso, Tex., for Ivan Moreno.

John Clark, U. S. Atty., San Antonio, Tex., Ronald F. Ederer, Mike Milligan, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before WISDOM, GODBOLD and LIVELY, Circuit Judges.


GODBOLD, Circuit Judge:

Rigoberto Melchor Moreno and his brother Ivan Melchor Moreno appeal from convictions on four narcotics charges. The principal issue they raise is a novel one. The prosecution informed the court that an individual subpoenaed by the defense, and called as a witness by the defense, would assert his Fifth Amendment privilege. In passing on the validity of the privilege, the trial judge held an in camera conference with the prospective witness...

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