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UNITED STATES v. OROZCO-RICO

No. 78-1911.

589 F.2d 433 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Ignacio OROZCO-RICO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied January 24, 1979.

Attorney(s) appearing for the Case

Michael L. Lipman, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U.S. Atty., Bruce R. Castetter, Asst. U.S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Warren R. Williamson, San Diego, Cal., for defendant-appellant.

Before HUFSTEDLER and TANG, Circuit Judges, and HALL, District Judge.

Rehearing and Rehearing En Banc Denied January 24, 1979.

HUFSTEDLER, Circuit Judge:

This appeal presents a question of first impression: Did the Government's returning to Mexico alien witnesses, who might have impeached the Government's testimony about founded suspicion to stop the vehicle driven by the defendant, violate his due process and compulsory process rights in a prosecution for status offenses (8 U.S.C. §§ 1325, 1326)? We answer the question...

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