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UNITED STATES v. CONTRERAS-DIAZ

Nos. 77-3679, 78-1078.

575 F.2d 740 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Javier CONTRERAS-DIAZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Bernadette Marie MONTES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Modified August 17, 1978.

Attorney(s) appearing for the Case

Eugene G. Iredale (argued), San Diego, Cal., Helen DeJoice Fortson (argued), Chula Vista, Cal., for defendants-appellants.

Barton C. Sheela, III, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., Barton C. Sheela, III, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before BARNES and KENNEDY, Circuit Judges, and BARTELS, District Judge.

BARNES, Senior Circuit Judge:

An indictment was filed against defendants Contreras and Montes on August 24, 1977, charging them in one count with conspiracy to transport illegal aliens by transporting them in an automobile, in violation of 8 U.S.C. § 1324(a)(2) and 18 U.S.C. § 371; in Counts II and III charging defendant Montes with transporting, and Contreras with aiding and abetting the transporting of illegal alien Jose Martinez-Diaz and illegal alien...

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