United States v. Anthony Keith Graham

The appellant was convicted in a court trial of illegally entering the United States after an earlier deportation as an illegal alien. 8 U.S.C. § 1326 .

Defendant was found in Tucson, Arizona, on May 3,1977. The Government sought to introduce into evidence a warrant for de portation of one Sidney Keith Graham, January 25, 1972. The government then rested, and a motion for judgment of acquittal was made by counsel for defendant. The Government then requested leave to reopen its case, which was granted.

The prosecution then placed on the stand Charles G. Wise, a United States Probation Officer, who had served as a probation officer within two months prior to the trial, for Anthony Keith Graham, whom he identified in the courtroom as a person convicted on July 29,1977, of being illegally in the United States. The defense objected that the conversation was privileged. The court overruled the objection and counsel for defendant admitted there was “no statutory privilege.” Wise testified the defendant had used, and stated to him, that he had used, the name “Sidney Graham” in the past; and that he had applied to the immigration authorities for permission to reapply for admission to the…