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UNITED STATES v. DIAZ

Magistrate's No. 346, No. 2-A.

368 F.Supp. 856 (1973)

UNITED STATES of America, Plaintiff, v. Ben DIAZ, Defendant.

United States District Court, D. Arizona.

December 12, 1973.

Attorney(s) appearing for the Case

William C. Smitherman, U. S. Atty., presented by Gerald S. Frank, Asst. U. S. Atty., Tucson, Ariz., for plaintiff.

Harold A. Donegan, Jr., Scottsdale, Ariz., for defendant.

MEMORANDUM AND ORDER ON APPEAL FROM MAGISTRATE

FREY, District Judge.

Appellant, Ben Diaz, was adjudged guilty by a United States Magistrate, of appropriating Indian artifacts (objects of antiquity) on Government land, in violation of Title 16, United States Code, Section 433. Mr. Diaz consented in writing to be prosecuted before the Magistrate pursuant to Title 18, United States Code, Section 3401, after being apprised of his right to be tried before a District...

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