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UNITED STATES v. PEREZ-CASTRO

No. 79-1077.

606 F.2d 251 (1979)

UNITED STATES of America, Appellee, v. Juan PEREZ-CASTRO, Appellant.

United States Court of Appeals, Ninth Circuit.

August 31, 1979.

Attorney(s) appearing for the Case

Gerald S. Frank, Asst. U. S. Atty., Tucson, Ariz., for appellant.

Susan Wintermute, Asst. Federal Public Defender, Tucson, Ariz., for appellee.

Before ANDERSON and HUG, Circuit Judges, and PORT, Senior District Judge.

HUG, Circuit Judge:

Appellant, Juan Perez-Castro, was convicted of having entered the United States illegally in violation of 8 U.S.C. § 1325. On appeal, Perez contends that statements he made to border patrol agents subsequent to his arrest by Tucson police officers should have been suppressed because he was illegally arrested. We agree and reverse.

During the evening of June 13-14, 1978, appellant was asleep at the home of a friend in Tucson, Arizona...

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