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UNITED STATES v. CALDERON-MEDINA

Nos. 78-1998, 78-1999.

591 F.2d 529 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Eziquio CALDERON-MEDINA, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Evaristo RANGEL-GONZALES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

February 21, 1979.

Attorney(s) appearing for the Case

Michael P. Ruark, Asst. U. S. Atty. (argued), Seattle, Wash., for plaintiff-appellant.

Katrina C. Pflaumer (argued), Seattle, Wash., for defendants-appellees.

Before WRIGHT and ANDERSON, Circuit Judges, and TAKASUGI, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

The district courts in these consolidated appeals dismissed indictments against Calderon-Medina and Rangel-Gonzales for illegal re-entry following deportation, a violation of 8 U.S.C. § 1326 (1976), because the Immigration and Naturalization Service (INS) had violated at least one of its own regulations in the deportation proceedings. On appeal by the government, the primary issue is whether those violations rendered the deportations...

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