OPINION

This is the fourth time that Cerda’s case has been before this court: Cerda v. United States, 9 Cir., 1968, 391 F.2d 219 (appeal from conviction; affirmed) ; Cerda v. United States, 9 Cir., 1970, 424 F.2d 544 (appeal from denial of motion under 28 U.S.C. § 2255 ; affirmed) ; Cerda v. United States, 9 Cir., 1972, 462 F.2d 943 . In the 1972 case we reversed an order denying Cerda’s renewed motion under 28 U.S.C. § 2255 and remanded for an evidentiary hearing. That hearing was held, the court denied the motion, and Cerda again appeals. We affirm.

In our 1972 opinion we suggested three areas to be explored: (1) whether the informant, Holmes, was an addict, motivated by a desire to avoid an immediate threat of prosecution and imprisonment, as he stated in his affidavit; (2) whether the government made a good faith effort to locate the informant for the trial; (3) Cerda’s sentencing contention under the Narcotics Addiction Rehabilitation Act. At the hearing, the third matter was expressly abandoned by Cerda and his appointed counsel.

The hearing lasted two and a half days, and the court made oral findings. He first found that the government had made the maximum reasonable effort to locate Holmes, and had made no misrepresentation on that subject to the court. That finding is fully supported by the record.

The court also found that Holmes’ affidavit was false, that he was not subject to any pending prosecution or potential prosecution and was not mo tivated by any desire to escape such prosecution; that no narcotic was promised or supplied to him, and thus, by implication, that the government has not knowingly used perjured testimony. This finding, too, is fully supported by the record. Thus there is no ground for vacating the conviction and sentence. If this were a motion for a new trial, the court could properly have denied it. A fortiori, the court properly denied the § 2255 motion.

On this appeal, Cerda does not argue otherwise. What he does complain about is that he was unable to have Holmes testify at the hearing. On the first day of the hearing, counsel for both sides told the court that the government had found Holmes in Oklahoma and was bringing him to Los Angeles that evening. The court asked government counsel to see that Holmes would be available at the courthouse for an interview by Cerda’s counsel at 9:00 the next morning, and the hearing was adjourned until 10:30. The court, in response to government counsel’s statement that he also wanted to interview Holmes, said:

An agent of the Bureau of Narcotics found Holmes in Oklahoma and flew with him to Los Angeles. He knew that Holmes had made an affidavit, but not its contents. During the flight, he warned Holmes of his constitutional rights and questioned him about making the affidavit. Holmes told him that Cerda had prepared it, and that there had been some “pressure,” the nature of which he did not state, to sign it. Because of that “pressure,” he was transferred from McNeil Island, where he and Cerda were confined at the time, to another institution. He told the agent that he got $15.00 as a reward for his services in Cerda’s case, after he signed a statement about the case. He said that he had never received heroin from any agent, nor had Cerda.

At a little before 9:00 the next morning, the government attorney interviewed Holmes for about twenty minutes. Holmes asked if the goverriment was prosecuting him. Counsel said “No, you have simply been brought here as a witness for the defense.” He then went over Holmes’ two affidavits, and a statement that he gave to an agent before the trial. Some of Holmes’ statements contradicted what was in the affidavits; some did not. Finally, Holmes asked whether he could be prosecuted for anything in his affidavits. Government counsel testified:

A message was received at about 9:15 stating that Cerda’s counsel was waiting to interview Holmes. Government counsel testified:

Thereafter a deputy public defender was obtained to represent Holmes. He consulted with Holmes and advised him to refuse to testify on the ground that, if he did, he might incriminate himself as having made a false affidavit or given a government agent a false statement within the meaning of 18 U.S.C. § 1001 . He asked that Holmes be granted immunity, which was refused. Holmes did refuse to testify. After some discussion, the court sustained his refusal. Cerda’s counsel, although he had asked that Holmes be required to answer, three times said “no” to the court’s question, “do you want to be heard further.”

Because the witness declined to answer, the court received his affidavits in evidence in support of Cerda’s § 2255 motion.

Counsel for Cerda argues that government counsel deprived him of his opportunity to interview Holmes “in violation of the Trial Court’s express order granting priority to Cerda’s counsel.” We disagree. The court made no order that Cerda’s counsel was to be the first to interview Holmes. The language of the court referred only to the amount of time to be available for interviews, not to the sequence in which the interviews were to occur.

Counsel for Cerda asserts that the government deprived him of Holmes’ testimony by delaying a warning as to possible prosecution until conclusion of the interview. The fact is that no such warning ever came from the government. It was Holmes who raised the question, and it was his appointed counsel, not government counsel, who advised him not to testify.

Counsel asserts that the government should have granted Holmes immunity. No case supports this claim. We reject it. United States v. Jenkins, 9 Cir., 1972, 470 F.2d 1061, 1063-1064 ; Earl v. United States, 1966, 124 U.S. App.D.C. 77, 361 F.2d 531, 533-535 .

Counsel claims that he was deprived of Holmes’ testimony by the testimony of government counsel as to what Holmes said to government counsel about the case. It was Cerda’s counsel who offered Holmes’ affidavits in evidence. The government was not thereby deprived of its right to contradict them by Holmes’ out-of-court statements, which were lawfully obtained.

We find no impropriety here.

Affirmed.