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United States v. Aurand

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


March 25, 1985

UNITED STATES OF AMERICA
v.
AURAND, RICHARD S., MCPHERSON, JOHN WEBB, APPELLANT

Appeal from the United States District Court for the Middle District of Pennsylvania, (D.C. Criminal Nos. 83-00198-01 and 84-00002-01), District Judge: Honorable R. Dixon Herman

Author: Higginbotham

Before: SEITZ and HIGGINBOTHAM, Circuit Judges, and GILES, District Judge*fn*

JUDGMENT ORDER

HIGGINBOTHAM, Circuit Judge

This cause came on to be heard on the record from the United States District Court for the Middle District of Pennsylvania and was submitted under Third Circuit Rule 12(6) on March 18, 1985.

After considering the contentions raised by appellants, Richard S. Aurand and John Webb McPherson, to-wit, that the court erred: (1) in denying appellants' pretrial motions; (2) in not directing a verdict of acquittal at the conclusion of the government's case on the theory of insufficiency of evidence to warrant conviction of importation and conspiracy; (3) in admitting hearsay statements implicating appellant McPherson, and (4) in not granting a mistrial when a witness responded to a question previously stricken by the court; it is

ADJUDGED AND ORDERED that the judgment of the district court be and is hereby affirmed.


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