UNITED STATES v. MARTINEZ-FRAUSTO

No. 72-1354.

463 F.2d 231 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Maria Refugio MARTINEZ-FRAUSTO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Judgment Vacated October 10, 1972.


Attorney(s) appearing for the Case

Philip N. Andreen, San Diego, Cal., for defendant-appellant.

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

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


Judgment Vacated October 10, 1972. See 93 S.Ct. 174.

BARNES, Circuit Judge.

Appellant was convicted by a jury of one substantive count of smuggling an alien, one Filimon Garcia-Quesada, into this country from Mexico (8 U.S.C. § 1324(a) (1)), and acquitted of a conspiracy to smuggle aliens.

She now raises six alleged errors. They are:

1. The reference to Agent Acuna's belief that appellant's original statement was corroborated by...

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