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UNITED STATES v. CORREA-NEGRON

No. 71-2588.

462 F.2d 613 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Ray CORREA-NEGRON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 24, 1972.

Attorney(s) appearing for the Case

Martha Goldin (argued), Alan Saltzman, Hollywood, Cal., for defendant-appellant.

Shelby R. Gott, Asst. U. S. Atty. (argued), Stephen G. Nelson, Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before MERRILL and GOODWIN, Circuit Judges, and WHELAN, District Judge.

PER CURIAM:

Appellant's contention that the trial court should have dismissed the action because the government placed material witnesses out of the reach of appellant's subpoena power is not supported by the record. First, appellant did not move the trial court for an order dismissing the indictment herein. Second, there is no showing whatsoever that the government ever found any of the other aliens who accompanied Mr. and Mrs. Juarez across the international boundary...

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