UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
December 10, 1985
UNITED STATES OF AMERICA, APPELLEE
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
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.
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