United States v. Joseph Abshire

34 F.3d 1074 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph ABSHIRE, Defendant-Appellant No. 93-50521. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1994. Decided Aug. 29, 1994. 1 Before: REINHARDT and NOONAN, Circuit Judges, and TANNER, * District Judge. 2 MEMORANDUM ** BACKGROUND 3 In 1979, Robert Alton Harris was convicted of the brutal murders of two young boys. During that trial, Joseph Abshire testified that Harris had confessed to the two murders during a conversation that occurred while both men were in a holding cell. 4 Twelve years later, a federal habeas corpus hearing was conducted to determine whether the admission of Abshire's testimony represented a Massiah violation. 1 During the hearing, Abshire recanted the earlier statements he had made during Harris' trial and claimed that he was a government agent at the time of his conversation with Harris. While testifying,…