DUARTE-RIOS v. UNITED STATES

No. 18289.

316 F.2d 785 (1963)

Gilberto DUARTE-RIOS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 29, 1963.


Attorney(s) appearing for the Case

William A. Dougherty, Santa Ana, Cal., for the appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, and J. Brin Schulman, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before JERTBERG and BROWNING, Circuit Judges, and BURKE, District Judge.


PER CURIAM.

Appellant was convicted of violating 8 U.S.C.A. § 1326, which makes it a felony for an alien who has been arrested and deported to thereafter re-enter the United States unless the Attorney General has consented to the alien's reapplication for admission. As evidence of appellant's initial deportation, the government offered the Warrant of Deportation, endorsed as having been executed. Appellant objected to the admission of the document on the ground...

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