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U.S. v. RICHARD

No. 87-5332.

892 F.2d 761 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Allen RICHARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Memorandum October 18, 1989.

Order and Opinion December 21, 1989.

Attorney(s) appearing for the Case

Elizabeth A. Barranco, Lakeside, Cal., for defendant-appellant.

Judith S. Feigin, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BROWNING, KOZINSKI and RYMER, Circuit Judges.

PER CURIAM:

Richard, a taxi driver, was tried by jury for transporting illegal aliens. During the trial, he submitted into evidence a taxi trip log allegedly written on the day he was arrested. The government contested the authenticity of the log, asserting it had been prepared for trial purposes and cross-examining Richard on this point. Richard was acquitted of the alien smuggling charge.

Approximately one year later, Richard was again tried by jury, this...

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