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UNITED STATES v. MEZA-VILLARELLO

No. 79-1079.

602 F.2d 209 (1979)

UNITED STATES of America, Appellee, v. Leopoldo MEZA-VILLARELLO, Appellant.

United States Court of Appeals, Ninth Circuit.

August 10, 1979.

Attorney(s) appearing for the Case

Bruce R. Castetter, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., David C. Doyle, Asst. U. S. Atty. (argued), San Diego, Cal., for appellee.

Judy Clarke, San Diego, Cal., on brief for appellant.

Before GOODWIN and TANG, Circuit Judges, and LYDICK, District Judge.

PER CURIAM:

Meza-Villarello was deported as an illegal alien in 1971. He was convicted of violating 8 U.S.C. § 1326 (being a deported alien found in the United States), in 1975, and again in 1979.

The principal point on appeal (from the 1979 conviction) is raised by an instruction tendered upon a double-jeopardy theory. The court rejected the instruction.

The government's proof had established that the...

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