UNITED STATES v. FARIAS-ARROYO

No. 75-2830.

528 F.2d 904 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Luis FARIAS-ARROYO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 29, 1975.


Attorney(s) appearing for the Case

Charles H. Barr, Kennewick, Wash., for defendant-appellant.

Robert S. Linnell, Asst. U.S. Atty., Yakima, Wash., for plaintiff-appellee.

Before KOELSCH and HUFSTEDLER, Circuit Judges, and ORRICK, District Judge.


OPINION

PER CURIAM:

This is an appeal from a judgment of conviction for violation of 8 U.S.C. § 1326 proscribing the presence in the United States of an alien "who has been arrested and deported," unless he first obtains permission from the Attorney General to re-enter.

The only significant question we face is whether the government proved, as the statute requires, that appellant was "arrested and deported." The facts are these:

Appellant...

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