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UNITED STATES v. MARTINEZ-NAVARRO

Nos. 78-3445, 78-3446.

604 F.2d 1184 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Juan MARTINEZ-NAVARRO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Martin ENRIQUES-SANCHEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 15, 1979.

Attorney(s) appearing for the Case

Michael J. McCabe, Glorene Franco (argued), Michael S. Sideman, San Diego, Cal., for defendants-appellants.

Barbara F. Brown, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., Bruce R. Castetter, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS, WALLACE and TANG, Circuit Judges.

PER CURIAM:

Martinez-Navarro and Enriques-Sanchez assert that the district court impermissibly considered their testimony in a companion trial when fixing their sentences. We conclude that the trial judge, believing they lied while testifying under the grant of immunity, did not err when he considered that fact in determining, within the statutory limits, appropriate sentences.

Martinez-Navarro and Enriques-Sanchez...

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