United States v. Melvin Morris Clayton and Lester M. Green

On September 5, 1969, Green rented a car and equipped it with overload shock absorbers in the rear. The following day, his good friend Clayton drove the car to Tijuana, and parked it in the lot at the Caliente race track. Later the aliens were discovered in the trunk of the car when Clayton crossed the border at San Ysidro, California.

Clayton was convicted of conspiracy, smuggling and transporting aliens in violation of 8 U.S.C. § 1324 and 18 U.S.C. § 371 . Green was convicted of conspiracy only.

There was admitted at trial for impeachment purposes testimony of Assistant U. S. Attorney McCue to the effect that Clayton, accompanied by his lawyer, had come into his office and discussed the events of the weekend on which he was arrested. The discussion would confirm that Clayton was guilty on all counts, but that Green had played no part in the crime. Clayton contends that this testimony was inadmissible because it was an offer of compromise. We find nothing in the record to indicate that this was in fact an offer to plead guilty. Clayton’s argument that admission of McCue’s testimony destroyed the effectiveness before the eyes of the jury of his attorney and that therefore he was…