BURNS, District Judge:
Appellant contends he was unconstitutionally denied his right to trial by jury. We agree.
Appellant originally was indicted on two felony counts: unlawful possession of illegal documentation concerning alien status, 18 U.S.C. § 1426, and unlawful re-entry into the United States, 8 U.S.C. § 1326.
On the day of trial the prosecutor filed an information charging appellant with a misdemeanor of conspiring to elude an examination...
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