U.S. Court of Appeals for the Ninth Circuit, 1970

United States v. Steve Carl Eide

United States v. Steve Carl Eide
U.S. Court of Appeals for the Ninth Circuit · Decided June 2, 1970 · Duniway, Wright, Trask
427 F.2d 543; 1970 U.S. App. LEXIS 8963 (Federal Reporter, Second Series)

United States v. Steve Carl Eide

Opinion

PER CURIAM:

Steve Carl Eide appeals from his non-jury conviction for possession and transfer of a firearm not registered to him, in violation of 26 U.S.C. § 5861(d) and (e).

We find no merit in the contentions raised by appellant and affirm.

Testimony regarding a robbery planned by appellant was admissible at *544 trial for the purpose of establishing a motive for possession of the firearm, a machine gun. See Loux v. United States, 389 F.2d 911, 918-919 (9th Cir.), cert. denied, 393 U.S. 867, 89 S.Ct. 151, 21 L.Ed.2d 135 (1968).

An extrajudicial statement made by appellant’s co-defendant at the time of his arrest was likewise admissible. The co-defendant — who was acquitted — took the stand at trial, confirmed the statement in substance, and was interrogated by appellant’s counsel. There was no violation of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968).

The court’s determination that appellant was not entrapped into committing the offenses charged was supported by substantial evidence.

Judgment affirmed.

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