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UNITED STATES v. DUNCAN

No. 80-1459.

693 F.2d 971 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Don Bruce DUNCAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 3, 1982.

Attorney(s) appearing for the Case

Robert Mann, Mark Green, P.C., Los Angeles, Cal., for defendant-appellant.

George L. O'Connell, Asst. U.S. Atty., Los Angeles, Cal., argued, for plaintiff-appellee; Charles Pereyra, Asst. U.S. Atty., Los Angeles, Cal., on brief.

Before FLETCHER and ALARCON, Circuit Judges and BURNS, District Judge.

ALARCON, Circuit Judge:

Don Bruce Duncan, appellant, was convicted in a jury trial of making a false statement to Customs agents, in violation of 18 U.S.C. § 1001. We affirm.

FACTS

At approximately 11:00 P.M. on April 3, 1980, United States Customs Special Agents Darryl M. Henry, Donald K. Shruhan, Jr. and C.K. Lauridsen were on assignment at Los Angeles International Airport. They were to survey and, if necessary, search departing passengers...

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