United States v. Manuel Acosta-Garcia, United States of America v. Florencio Urias-Montoya

KELLEHER, District Judge:

Appellants were arrested, indicted and, after jury trial, convicted of unlawful importation of marihuana pursuant to 21 U.S.C. § 176a.

At the beginning of trial, as appellants were being brought into the courtroom, some members of the panel of prospective jurors saw that appellants were in handcuffs which appellants contend created a prejudicial atmosphere not dissipated by the trial court’s admonition that appellants’ custody was not to be equated with guilt. Appellants specify this as error.

We do not agree. The mere fact that some prospective members of the jury may…