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UNITED STATES v. LOPEZ-CRUZ

No. 72-2060.

470 F.2d 193 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Richard LOPEZ-CRUZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 30, 1972.

Attorney(s) appearing for the Case

J. David Franklin (argued), of Odorico, Franklin & Herring, San Diego, Cal., for defendant-appellant.

Donald F. Shanahan, 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 HUFSTEDLER and TRASK, Circuit Judges, and ANDERSON, District Judge.

PER CURIAM:

Lopez-Cruz appeals from his conviction on two counts of transporting aliens in violation of 8 U.S.C. § 1324(a).

Section 1324(a)(2) is violated if a person transports an alien illegally in this country "knowing that he is in the United States in violation of law, and knowing or having reasonable grounds to believe that his last entry into the United States occurred less than three years prior thereto."

The sole contested factual issue...

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