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UNITED STATES v. GONZALES

No. 78-2339.

617 F.2d 1358 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Jose Luis GONZALES et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 12, 1980.

Attorney(s) appearing for the Case

Philip J. McAleer, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellant.

David Elson, Joseph Shemaria, Los Angeles, Cal., Leslie Abramson, Beverly Hills, Cal., Howard W. Gillingham, Los Angeles, Cal., Edwin S. Saul, Encino, Cal., for defendants-appellees.

Before GOODWIN and SNEED, Circuit Judges, and JAMESON, District Judge.

PER CURIAM.

The government appeals from a district court judgment of acquittal and the dismissal of an indictment which charged the defendants with eight counts of violating the immigration laws of the United States. We reject appellees' contention that the government's appeal is barred by the double jeopardy clause of the Fifth Amendment and remand the case for further proceedings.

I.

Factual Background

On March 31, 1978, nine individuals...

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