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DUPREZ v. UNITED STATES

No. 25756.

435 F.2d 1276 (1970)

Gene DUPREZ, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

December 10, 1970.

Attorney(s) appearing for the Case

George H. Chula, Santa Ana, Cal., for defendant-appellant.

Harry D. Steward, U. S. Atty., Shelby R. Gott, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BARNES and KOELSCH, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge:

On March 26, 1969, at approximately 2:30 A.M., Cecil G. Sargent, Jr., an immigration patrol inspector for the United States Immigration and Naturalization Service, was on duty at his checkpoint station located on Highway 395, sixty-seven to seventy-seven miles from the Mexican border. As a border patrolman it was the duty of Sargent to determine alienage or citizenship of persons suspected of being in the United States illegally. Also, as is...

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