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UNITED STATES v. OSCAR

No. 73-3606.

496 F.2d 492 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Paul OSCAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 6, 1974.

Attorney(s) appearing for the Case

Michael J. McCabe (argued), Federal Defenders of San Diego, San Diego, Cal., for defendant-appellant.

Jeffrey F. Arbetman, 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 KOELSCH and WRIGHT, Circuit Judges, and BELLONI, District Judge.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

Paul Oscar appeals from a conviction for aiding, abetting, and assisting two aliens "attempting to enter the United States by eluding inspection by making a false verbal claim of United States citizenship" in violation of 8 U.S.C. § 1325 and 18 U.S.C. § 2. Appellant was convicted after trial to a United States Magistrate, and the conviction was affirmed in district court. We reverse.

The facts are...

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