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UNITED STATES v. FERNANDEZ

Nos. 72-2088, 72-1408 and 72-2089.

497 F.2d 730 (1974)

UNITED STATES of America, Appellee, v. Juan Ramon FERNANDEZ et al., Appellants.

United States Court of Appeals, Ninth Circuit.

May 13, 1974.

Attorney(s) appearing for the Case

Antonio H. Rodriguez (argued), Los Angeles, Cal., T. Roger Duncan (argued), Hollywood, Cal., for appellants.

Earl E. Boyd, Asst. U. S. Atty. (argued), William D. Keller, U. S. Atty., Irving Prager, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Stephen Gilbert, Mexican American Legal Defense Fund (argued), Los Angeles, Cal., for amicus curiae.

Before HUFSTEDLER and WRIGHT, Circuit Judges and ENRIGHT, District Judge.

ENRIGHT, District Judge:

In August 1971, defendants Juan Ramon Fernandez, Alberto Ortiz and Rodolfo Pena Sanchez were arraigned and pleaded not guilty to an original three count indictment. A superseding indictment was filed September 1, 1971, charging defendants in count one with a violation of 18 U.S.C. § 371, conspiracy, in count two with a violation of 18 U.S.C. § 2114, robbery of mail, money, or other property of the United States, and in count three...

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