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UNITED STATES v. MOORE

No. 80-1839.

682 F.2d 853 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Nathaniel MOORE, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 1982.

Rehearing Denied September 24, 1982.

Attorney(s) appearing for the Case

Michael J. Treman, Santa Barbara, Cal., for defendant-appellant.

Paul H. Rochmes, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before FLETCHER and NORRIS, Circuit Judges, and EAST, District Judge.

FLETCHER, Circuit Judge:

Appellant Nathaniel Moore was convicted of violating 18 U.S.C. § 1708 (1976) (unlawful receipt of mail). The sole issue on appeal is the propriety of the district court's decision to excuse Lembric Moore from testifying at appellant's trial. The district court based its decision to honor Lembric's refusal to testify on his claim of a fifth amendment privilege against self-incrimination, even though Lembric already had pled guilty to one...

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