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UNITED STATES v. OSUNA-PICOS

No. 26549

443 F.2d 907 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo OSUNA-PICOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 26, 1971.

Attorney(s) appearing for the Case

George Haverstick (argued), San Diego, Cal., for defendant-appellant.

Joseph Sureck (argued), Regional Counsel, I & NS, San Pedro, Cal., Harry D. Steward, U. S. Atty., Brian E. Michaels, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BARNES and DUNIWAY, Circuit Judges, and GRAY, District Judge.

PER CURIAM:

Appellant seeks review of his conviction under 8 U.S.C. § 1326 for illegally re-entering the United States after deportation. Our jurisdiction rests upon 28 U.S.C. § 1291. Both entries into the United States were made upon fraudulent claims of citizenship. Appellant's defense at trial was based upon the fact that he is the child of an alien lawfully admitted for permanent residence. He now asserts that the deportation order was rendered invalid...

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