United States v. Francisco Flores-Hernandez

438 F.2d 1234

UNITED STATES of America, Appellee,
v.
Francisco FLORES-HERNANDEZ, Appellant.

No. 26603.

United States Court of Appeals, Ninth Circuit.

March 22, 1971.

Appeal from the United States District Court for the District of Arizona; James A. Walsh, Judge.

Paul W. Colarich, Jr., of Laber, Morrow & Lovallo, Tucson, Ariz., for appellant.

Richard K. Burke, U. S. Atty., James M. Wilkes, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before CHAMBERS, KOELSCH and BROWNING, Circuit Judges.

PER CURIAM:

1

The judgment of conviction for transporting aliens, knowing them to be within the United States illegally, is affirmed.

2

The question is: Did Hernandez "know." From the witness stand he denied it. The jury disbelieved him. There was an abundance of circumstantial evidence.