UNITED STATES v. LAGARDA-AGUILAR

No. 79-1401.

617 F.2d 527 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Jorge Francisco LAGARDA-AGUILAR, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 23, 1980.


Attorney(s) appearing for the Case

Eugene R. Bracamonte, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellant.

Roger C. Wolf, Tucson, Ariz., for defendant-appellee.

Before MERRILL, TANG and SCHROEDER, Circuit Judges.


SCHROEDER, Circuit Judge:

The United States sought unsuccessfully in the district court to convict the alien appellee, Lagarda-Aguilar, of illegal entry after deportation in violation of 8 U.S.C. § 1326 (1976). The district court dismissed the indictment because, prior to the institution of these proceedings, the alien had been permitted to enter this country on parole, and there had never been any written notice of termination of parole as required by applicable...

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