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UNITED STATES v. AGUILAR

No. 84-5084.

756 F.2d 1418 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Pablo AGUILAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 2, 1985.

As Amended April 8, 1985.

Attorney(s) appearing for the Case

Pamela J. Naughton, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

A. Carl Yaeckel, Jr., San Diego, Cal., for defendant-appellant.

Before NELSON, BOOCHEVER and REINHARDT, Circuit Judges.

NELSON, Circuit Judge:

Pablo Aguilar was convicted of three counts of violations of 18 U.S.C. § 912 for falsely acting as an officer of the United States Immigration and Naturalization Service (the INS) and for obtaining money in such character. Section 912 states two separate and distinct offenses.1 Each count of the indictment charged both of the offenses in section 912, "acting as" an officer and "obtaining money in such character...

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