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UNITED STATES v. GABRIEL

Nos. 79-1639, 79-1640.

625 F.2d 830 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. James Francis GABRIEL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Howard Kevin PALMER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 4, 1980.

Attorney(s) appearing for the Case

Richard M. Heimann, Oakland, Cal., Craig E. Weinerman, Federal Defender, San Diego, Cal., for defendants-appellants.

Hector E. Salitrero, Asst. U. S. Atty., on the brief, Michael H. Walsh, U. S. Atty., Hector E. Salitrero, Asst. U. S. Atty, argued, San Diego, Cal., for plaintiff-appellee.

Before TUTTLE, WALLACE, and NELSON, Circuit Judges.

NELSON, Circuit Judge:

Gabriel and Palmer appeal from judgments of conviction for conspiracy to transport illegal aliens and transportation of illegal aliens, in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324(a)(2). The aliens were discovered when the Border Patrol stopped appellants' two rented trucks at the truck scales near the San Clemente checkpoint. Palmer drove the first truck; Gabriel drove the second and had rented both. They seek reversal of...

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