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UNITED STATES v. McMAHON

No. 76-1604.

562 F.2d 1192 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Harold McMAHON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 29, 1977.

Rehearing Denied October 26, 1977.

Attorney(s) appearing for the Case

Anthony F. Avallone, Las Cruces, N.M., for defendant-appellant.

Charles F. Sandoval, Asst. U. S. Atty., Albuquerque, N.M. (Victor R. Ortega, U. S. Atty., Albuquerque, N.M., on the brief), for plaintiff-appellee.

Before SETH, HOLLOWAY and BARRETT, Circuit Judges.

HOLLOWAY, Circuit Judge.

Appellant Harold McMahon, his wife Kathy McMahon, and Magdaleno Barboa were indicted for transportation of Mexican nationals in the United States in violation of 8 U.S.C. § 1324(a)(2)1 and 18 U.S.C. § 2. Count I of the indictment alleged a conspiracy in violation of 18 U.S.C. § 371 and counts II, III, IV, and V alleged substantive violations of wilfully...

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