UNITED STATES v. ARAIZA-VALDEZ

No. 80-1081.

713 F.2d 430 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Jose Antonia ARAIZA-VALDEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 24, 1980.


Attorney(s) appearing for the Case

Daniel G. Knauss, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellant.

Bernardo P. Velasco, Tucson, Ariz., for defendant-appellee.

Before CHOY and FARRIS, Circuit Judges, and EAST, District Judge.


PER CURIAM:

PROCEEDINGS IN THE DISTRICT COURT

The Government appeals the order of the District Court dismissing the indictment against the above-named defendant (Valdez). We note jurisdiction and vacate the order.

On September 3, 1972, Valdez, then age 17 years, entered the United States by automobile at the Nogales, Arizona port of entry. When a customs inspector began a border search of the automobile, Valdez fled on foot back into Mexico...

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