United States v. Edward Emilio Olney

892 F.2d 84 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Edward Emilio OLNEY, Defendant-Appellant. No. 89-50071. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1989. Decided Dec. 18, 1989. Before GOODWIN, Chief Judge, SCHROEDER and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Appellant Edward Olney ("Olney") was convicted of two counts of transporting illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(B). Olney appeals from the conviction, alleging that he did not have a fair trial because of improper remarks made by the government during closing arguments and because of erroneous rulings and remarks made by the district court judge. We affirm Olney's conviction. 3 * On March 29, 1988, Olney drove a dump truck, which was carrying a load of gravel, to the San Clemente truck scales. The Border Patrol agent's attention was caught by Olney's flushed face and nervousness. Olney…