Unpublished Disposition, 902 F.2d 1580 (9th Cir. 1989)

Annotate this Case
U.S. Court of Appeals for the Ninth Circuit - 902 F.2d 1580 (9th Cir. 1989)

UNITED STATES of America, Plaintiff-Appellee,v.Janice WALLACE, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Elmore PENN, Defendant-Appellant.

Nos. 89-30098, 89-30123.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 12, 1990 (89-30098).Submitted April 12, 1990*  (89-30123).Decided May 17, 1990.

Before WALLACE, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges.


MEMORANDUM

This is the second time these cases have been before us. In United States v. Wallace, 848 F.2d 1464 (9th Cir. 1988), we remanded the case, after finding error, for the district court to determine the prejudicial effect of those errors, if any both separately and cumulatively. Judge McGovern entered an order dated March 16, 1989, in which he held that the errors (Jencks Act, prior confession, prosecutorial vouching, and post-arrest statement) were not, either individually or cumulatively, such as to result in a miscarriage of justice or to cast doubt on the judicial proceedings.

After reviewing the briefs and the record and hearing oral argument, we are convinced that Judge McGovern is correct and we affirm his order on remand for the reasons he states.

AFFIRMED.

Note: This disposition is not appropriate for publication and may not be cited to or by the Courts of this Circuit except as provided by Ninth Circuit Rule 36-3.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4