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United States v. Mason

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


December 10, 1985

UNITED STATES OF AMERICA, APPELLEE
v.
STEVE ANDERSON MASON, APPELLANT

Appeal from the District Court of the Virgin Islands (D.C. Crim. No. 84-00107), District Judge: Honorable Almeric L. Christian

Before: HUNTER, GARTH and BECKER, Circuit Judges

JUDGMENT ORDERS

After consideration of all contentions raised by appellant, to wit, that (1) the accomplice jury instruction constituted plain error requiring a new trial; (2) the self-contradictory nature of Rupert Aska's testimony made it plain error for the court to characterize Aska as an accomplice; and (3) the testimony of other government witnesses, including law enforcement officials, contradicted the testimony of Aska in material respects and thus it was plain error for the court to characterize Aska in material respects and thus it was plain error for the court to characterize Aska as an accomplice because the characterization placed the court on the side of Aska in his testimony over those witnesses, it is

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

19851210

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