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FARRELL v. UNITED STATES

No. 21182.

381 F.2d 368 (1967)

Milton Adolphus FARRELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Certiorari Denied November 13, 1967.

Attorney(s) appearing for the Case

Frederick Barak, Hollywood, Cal., for appellant.

Edwin L. Miller, Jr., U. S. Atty., Phillip Johnson, Asst. U. S. Atty., San Diego, Cal., Arthur W. Ayers, Sp. Asst. U. S. Atty., Billings, Mont., for appellee.

Before BROWNING and ELY, Circuit Judges, and SMITH, District Judge.

Certiorari Denied November 13, 1967. See 88 S.Ct. 349.

PER CURIAM:

Milton Adolphus Farrell appeals from his conviction of violating 8 U.S.C. § 1326 (1964). His principal contention is that the government failed to prove that he was an alien.

The government proved that in November 1963 Farrell pleaded guilty to an earlier violation of 8 U.S.C. § 1326, thus admitting his alienage. Once status as an alien has been established, it is presumed...

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