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UNITED STATES v. RUBALCAVA-MONTOYA

Nos. 77-3405, 77-3406.

597 F.2d 140 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Santos RUBALCAVA-MONTOYA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Antonio SERRATO-BALTAZAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 4, 1979.

Attorney(s) appearing for the Case

George Benedict (argued), Eugene G. Iredale (argued), San Diego, Cal., for defendants-appellants.

Howard A. Allen, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., Howard A. Allen, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

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

KENNEDY, Circuit Judge:

In this case the Government failed to establish either the legality of a search or that certain key testimony procured in consequence of this illegal government activity was so attenuated from it as to be admissible. Application of the exclusionary rule requires that we reverse appellants' convictions. Each appellant was convicted on one count of conspiracy to transport aliens, 18 U.S.C. § 371...

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