UNITED STATES v. McALLISTER

No. 83-5127.

747 F.2d 1273 (1984)

UNITED STATES of America, Defendant-Appellant, v. Philbert Rufus McALLISTER, Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 20, 1984.


Attorney(s) appearing for the Case

Barbara Davis, San Diego, Cal., for plaintiff-appellant.

Patrick O'Toole, Asst. U.S. Atty., San Diego, Cal., for defendant-appellee.

Before HUG and FLETCHER, Circuit Judges, and REDDEN, District Judge.


HUG, Circuit Judge:

Philbert Rufus McAllister appeals his conviction for violation of 8 U.S.C. § 1324, which prohibits transportation of aliens who have illegally entered the country. He contends the district court erred in instructing the jury that the Government could prove the knowledge element of the charge by establishing McAllister consciously avoided learning he was transporting aliens. He also claims a violation of Fed.R.Crim.P. 16. We affirm.

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