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UNITED STATES v. VITAL-PADILLA

Nos. 73-3013 to 73-3015.

500 F.2d 641 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Joel VITAL-PADILLA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Simon CONTRERAS-CUEVAS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rene Felix LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 12, 1974.

Attorney(s) appearing for the Case

Michael S. Evans, San Diego, Cal., for Joel Vital-Padilla.

William Duerksen, San Diego, Cal., for Simon Contreras-Cuevas.

J. A. Crawford, San Diego, Cal., for Rene Felix Lopez.

Richard Strauss, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and TAYLOR, District Judge.

OPINION

DUNIWAY, Circuit Judge:

Appellants were convicted in a jury trial of conspiracy to smuggle and transport aliens, and of smuggling and transporting aliens not lawfully entitled to enter or to reside in the United States.

Two cars traveling in tandem on DeLuz Canyon Road about sixty miles from the Mexican-U.S. border were stopped by border patrol agents and the aliens were found in the cars. We conclude that the stop of both cars was based...

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