OPINION AND ORDER
PESQUERA, District Judge.
In the instant case defendant has brought an appeal before this Court pursuant to Rule 8 of the Federal Rules of Procedure for the Trial of Minor Offenses before United States Magistrates. On July 2, 1976 Magistrate John M. García found the defendant guilty as charged of a violation of Title 18, United States Code, Section 1726, which provides as follows:
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