You were apparently troubled by reports of overcrowding at the Metropolitan Correctional Center in San Diego and of incarceration of female and juvenile material witnesses at that institution. As you may be aware. the U.S. Court of Appeals for the Ninth Circuit has ruled that the Sixth Amendment rights of a person charged with alien smuggling are violated If the Government deports any of the material witnesses before the defense counsel has had a reasonable opportunity to interview them. United States v. MendezRodriguez. 450 F.2d (9th Cir. 1971). Further. experience has taught that many alien witnesses will flee if not incarcerated pending deportation. Thus. the Government is faced with a dilemma in the handling of these witnesses. I have examined information compiled by my staff that addresses your concerns.
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