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UNITED STATES v. PORTILLO-REYES

No. 75-1940.

529 F.2d 844 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Arturo PORTILLO-REYES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied April 2, 1976.

Attorney(s) appearing for the Case

James Meyers, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., William E. Derbonne, Asst. U. S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

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

Before ELY and WRIGHT, Circuit Judges, and EAST, Senior District Judge.

Rehearing and Rehearing En Banc Denied April 2, 1976.

OPINION

EAST, Senior District Judge:

THE APPEAL

The defendant-appellant Jose Arturo Portillo-Reyes (hereinafter referred to as Reyes) appeals from his judgment of conviction and sentence to custody on four counts of violating 18 U.S.C. § 371 and 8 U.S.C. §§ 1324(a)(1), 1324(a)(2), and 1324(a)(4). We reverse and remand.

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