UNITED STATES v. HERRERA-MEDINA

No. 79-1071.

609 F.2d 376 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel Jesus HERRERA-MEDINA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 6, 1979.


Attorney(s) appearing for the Case

Gerald S. Frank, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellee.

Fredric F. Kay, Tucson, Ariz., argued for defendant-appellant; Frank R. Zapata, Asst. Federal Public Defender, Tucson, Ariz., on the brief.

Before DUNIWAY and ELY, Circuit Judges, and FITZGERALD, District Judge.


DUNIWAY, Circuit Judge:

Appellant Manuel Jesus Herrera-Medina (Herrera) was convicted of transporting four illegal aliens in violation of 8 U.S.C. § 1324(a)(2) and he appeals. We affirm.

I. FACTS.

On the night of November 16, 1978, Herrera, a Mexican citizen in possession of a valid alien registration card, was stopped by border patrol agents. With him in his car were four aliens who had illegally crossed the border earlier that evening. We...

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