1. Home
  2. Browse Decisions
  3. F.2d
  4. 534 F.2d
  5. 534 F.2d 1367 (1976)
 

UNITED STATES v. RUESGA-MARTINEZ

No. 75-3660.

534 F.2d 1367 (1976)

UNITED STATES of America, Appellee, v. Bernardino RUESGA-MARTINEZ, Appellant.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing June 2, 1976.

Attorney(s) appearing for the Case

Glorene Franco (argued), San Diego, Cal., for appellant.

Robert D. Krause, Asst. U. S. Atty. (argued), San Diego, Cal., Terry J. Knoepp, U. S. Atty., Howard A. Allen, Asst. U. S. Atty., San Diego, Cal., on the brief, for plaintiff-appellee.

Before ELY and TRASK, Circuit Judges, and VAN PELT, District Judge.

OPINION

ELY, Circuit Judge:

Ruesga-Martinez appeals his conviction on a two-count felony indictment charging him with unlawful entry and reentry into the United States in violation of 8 U.S.C. §§ 1325 and 1326. We reverse.

On August 13, 1975, the appellant was arraigned before a magistrate on a complaint charging him with unlawful entry in violation of 8 U.S.C. § 1325. Section 1325 provides that first offenders are guilty of a misdemeanor...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases