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UNITED STATES v. DIOGO

No. 282, Docket 27853.

320 F.2d 898 (1963)

The UNITED STATES of America, Appellee, v. Jose DIOGO, Domingo Das Canas Costa and Manuel Vilanova Gonzalez, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided June 28, 1963.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York (John W. Mills, Andrew T. McEvoy, Jr., Asst. U. S. Attys., of counsel), for appellee.

Bertrand D. Gerber, New York City (Murray A. Gordon, New York City, of counsel), for appellants Diogo and Costa.

Harry Wallach, New York City (Lee C. Swartz, Harrisburg, Pa., of counsel), for appellant Gonzalez.

Before CLARK, WATERMAN and FRIENDLY, Circuit Judges.

WATERMAN, Circuit Judge.

Appellants Jose Diogo, Manuel Gonzalez and Domingo Costa, are alleged to have entered into sham marriages with American citizens in order to obtain nonquota immigrant status under 8 U.S.C. § 1101(a) (27) (A). After a trial upon a twelve count indictment in the district court below, each of the aliens was convicted of (1) falsely representing to the Immigration authorities, in violation of 18 U.S.C. §§ 1001 and 1546, that he...

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