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UNITED STATES v. MAGDALENO-AGUIRRE

No. 78-1942.

590 F.2d 814 (1979)

UNITED STATES of America, Appellee, v. Ernesto MAGDALENO-AGUIRRE, Appellant.

United States Court of Appeals, Ninth Circuit.

February 8, 1979.

Attorney(s) appearing for the Case

William F. Woods, Asst. U.S. Atty. (argued), Phoenix, Ariz., for appellee.

David M. Ochoa, Asst. Public Defender, Phoenix, Ariz., for appellant.

Before ANDERSON and HUG, Circuit Judges, and REAL, District Judge.

REAL, District Judge.

Magadaleno-Aguirre appeals his conviction for transporting an illegal alien in violation of 8 U.S.C. § 1324(a)(2) [Ct II]. He was also convicted of illegal entry in violation of 8 U.S.C. § 1325 [Ct III] from which he does not appeal.

Magadaleno-Aguirre's claim on this appeal is that the Government did not prove two essential elements of the crime charged i. e., that Mario Quintero-Rios...

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