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UNITED STATES v. ALVILLAR

No. 77-1350.

575 F.2d 1316 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro ALVILLAR, Jr., a/k/a Pete Martinez, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 18, 1978.

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 Ortega, U. S. Atty., Albuquerque, N. M., on brief), for plaintiff-appellee.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant-Appellant Pedro Alvillar, Jr., was convicted in March 1977 on a jury verdict for causing transportation of three illegal aliens within the United States in violation of 8 U.S.C. § 1324(a)(2)1 and 18 U.S.C. § 2(b)2. In three counts the indictment charged that defendant "did cause to be transported and moved by means of aircraft...

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