The following excerpt is from United States v. Abarca-Espinoza, 440 F.2d 1354 (9th Cir. 1971):
There was no indication that the informant was a participant or witness to the crimes for which appellant was tried and convicted, so the identity of the informant could not have aided the defense. Bloomer v. United States, 409 F.2d 869 (9th Cir. 1969). Because it was a border search, probable cause need not be shown. Nor was the reliability of the informant an issue.
Appellant's motion to disqualify the entire jury panel was made orally just before the start of the trial. Defense counsel offered no proof of any deliberate systematic exclusion of Mexican-Americans from the panel. On appeal he argues that there is something unfair in excluding from a jury panel Mexican-Americans who are aliens, although permanent residents of the United States. There were Negroes and a Filipino on the panel.
See also, Bloomer v. United States, 409 F.2d at 871.
Affirmed.
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