UNITED STATES v. CASTRO-AYON

No. 75-3508.

537 F.2d 1055 (1976)

UNITED STATES of America, Appellee. v. Rafael CASTRO-AYON, Appellant.

United States Court of Appeals, Ninth Circuit.

June 8, 1976.


Attorney(s) appearing for the Case

L. Kevin Mineo (argued), San Diego, Cal., for appellant.

Bruce Castetter, Asst. U.S. Atty. (argued), Terry J. Knoepp, U. S. Atty., on the brief, San Diego, Cal., for appellee.

Before SMITH and GOODWIN, Circuit Judges, and WILLIAMS, District Judge.


GOODWIN, Circuit Judge:

Rafael Castro-Ayon appeals his conviction for violating 8 U.S.C. § 1324 and 18 U.S.C. § 371 (inducing illegal immigration, transporting illegal immigrants, and conspiracy). He challenges the admission of "prior inconsistent statements" of witnesses and an instruction allowing the jury to use this testimony as substantive evidence of guilt. We affirm.

On August 29, 1975, a border patrol agent stopped a van carrying eleven illegal...

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